2025 S-12 Supplement contains: Local legislation current through Ordinance Res. 2024-11, passed 11-26-2024; and State legislation current through 2024 Indiana Legislative Service, Pamphlet #3
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ADOPTING ORDINANCE
ORDINANCE NO. 2011-22
AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE TOWN OF BARGERSVILLE, JOHNSON COUNTY, INDIANA, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF BARGERSVILLE DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES, AND DECLARING AN EMERGENCY.
WHEREAS, the present general and permanent ordinances of Town of Bargersville subdivision are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the Town and for the proper conduct of its affairs; and
WHEREAS, the Acts of the General Assembly of the State of Indiana empower and authorize the political subdivisions of the State to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and
WHEREAS, the Town Council of the Town of Bargersville has authorized a general compilation, revision and codification of the ordinances of the Town of a general and permanent nature and publication of such ordinance in book form; and
WHEREAS, it is necessary to provide for the usual daily operation of the Town and for the immediate preservation of the public peace, health, safety and general welfare of the Town that this ordinance take effect at an early date.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BARGERSVILLE, INDIANA
Section 1. The general ordinances of the Town of Bargersville as revised, amended, restated, codified and compiled in book form are hereby adopted as and shall constitute the “Code of Ordinances of the Town of Bargersville, Indiana”.
Section 2. Such Code of Ordinances as adopted in Section 1 of this Ordinance shall consist of the following Titles and Chapters:
Title I: General Provisions Chapter 10. General Code of Construction; General Penalty
Title III: Administration Chapter 30. General Provisions Chapter 31. Town Organizations Chapter 32. Officials and Employees Chapter 33. Fees, Tax and Finance
Title V: Public Works Chapter 50. General Provisions Chapter 51. Garbage, Trash and Rubbish Chapter 52. General Water Provisions Chapter 53. Sewage System Chapter 54. Electric Utility Chapter 55. Storm Water Management
Title IX: General Regulations Chapter 90. Public Nuisances Chapter 91. Fair Housing Chapter 92. Streets and Sidewalks Chapter 93. Parks and Recreation
Title XI: Business Regulations Chapter 110. Flea Markets
Title XIII: General Offenses Chapter 130. Minors, Curfew
Title XV: Land Usage Chapter 150. General Provisions Chapter 151. Building Code Chapter 152. Property Addressing Chapter 153. Flood Hazard Areas Chapter 154. Subdivision Code Chapter 155. Zoning Code
Table of Special Ordinances
Parallel References
Index
Section 3. All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this Ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.
Section 4. This Code of Ordinances shall be deemed published as of the day of its adoption and approval by the Town Council, and the Clerk-Treasurer of the Town is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Clerk-Treasurer.
Section 5. This Code of Ordinances shall be in full force and effect as provided in Section 6, and such Code shall be presumptive evidence in all courts and place of the ordinance and all provisions, section, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.
Section 6. This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of this municipality, and shall take effect at the earliest date provided by law.
ADOPTED by the Town Council of the Town of Bargersville, Indiana, this 15th day of November, 2011.
TOWN COUNCIL OF THE TOWN OF BARGERSVILLE, INDIANA
Rowana Umbarger /s/ Rowana Umbarger, President
Jim Beck /s/ Jimmy Inabnitt /s/ Jim Beck, Vice President Jimmy Inabnitt, Member
Cindy Jarvis /s/ Steve Welch /s/ Cindy Jarvis, Member Steve Welch, Member
ATTEST:
Donna Shucus /s/ Clerk-Treasurer Chief Deputy
TITLE I: GENERAL PROVISIONS
Chapter
10. GENERAL CODE CONSTRUCTION; GENERAL PENALTY
CHAPTER 10: GENERAL CODE CONSTRUCTION; GENERAL PENALTY
Section
10.01 Title of code
10.02 Interpretation
10.03 Application to future ordinances
10.04 Construction of code
10.05 Rules of interpretation; definitions
10.06 Severability
10.07 Reference to other sections
10.08 Reference to offices; name designations
10.09 Errors and omissions
10.10 Reasonable time
10.11 Repeal or modification of code section
10.12 Limitation periods
10.13 Ordinances unaffected
10.14 Ordinances which amend or supplement code
10.15 Section histories; statutory references
10.16 Preservation of penalties, offenses, rights and liabilities
10.17 Enforcement proceedings
10.99 General penalty
§ 10.01 TITLE OF CODE.
All ordinances of a permanent and general nature of the town, as revised, codified, rearranged, renumbered and consolidated into component codes, titles, chapters and sections, shall be known and designated as the “Town of Bargersville Code”, for which designation “code of ordinances”, “codified ordinances” or “code” may be substituted. Code title, chapter and section headings do not constitute any part of the law as contained in the code.
§ 10.02 INTERPRETATION.
Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this code as those governing the interpretation of state law.
§ 10.03 APPLICATION TO FUTURE ORDINANCES.
All provisions of Title I compatible with future legislation shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.
§ 10.04 CONSTRUCTION OF CODE.
(A) This code is a codification of previously existing laws, amendments thereto and newly enacted laws. Any previously existing law or amendment thereto reenacted by this code shall continue in operation and effect, as if it had not been repealed by this code. All rules and regulations adopted under laws reenacted in this code shall remain in full force and effect unless repealed or amended subsequent to the enactment of this code.
(B) Any appropriation repealed and reenacted by this code is continued only for the period designated in the original enactment of that appropriation.
(C) The numerical order and position of sections in this code does not resolve a conflict between two or more sections.
(D) Any irreconcilable conflict between sections shall be resolved by reference to the dates that the sections were originally enacted. The section most recently enacted supersedes any conflicting section or division.
(E) All references within a section of this code to any section of previously existing laws refer to the numbers in the original enactment.
(F) (1) The numerical designations and descriptive headings assigned to the various titles, chapters, subchapters or sections of this code, as originally enacted or as added by amendment, are not law, and may be altered by the compilers of this or any subsequent codification, in any official publication, to more clearly indicate its content. These descriptive headings are for organizational purposes only and do not affect the meaning, application or construction of the law they precede.
(2) Each note following a section of this code is for reference purposes only and is not a part of the section.
(G) All references to any section of this code refer to all subsequent amendments to that section, unless otherwise provided.
(I.C. 1-1-1-5)
§ 10.05 RULES OF INTERPRETATION; DEFINITIONS.
(A) Rules of interpretation. This code shall be construed by the following rules unless the construction is plainly repugnant to the legislative intent or context of the provision.
(1) Words and phrases shall be taken in their plain, ordinary and usual sense. Technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
(2) Words imputing joint authority to three or more persons shall be construed as imputing authority to a majority of the persons, unless otherwise declared in the section giving the authority.
(3) Where a section requires an act to be done which, by law, an agent or deputy may perform in addition to the principal, the performance of the act by an authorized deputy or agent is valid.
(4) Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.
(B) Definitions. For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CLERK-TREASURER. The Clerk-Treasurer of the Town Council.
COUNCIL. The Town Council.
COUNTY. Johnson County.
HIGHWAY. Includes bridges, roads and streets, unless otherwise expressly provided.
MONTH. One calendar month.
PERSON. Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee, receiver and bodies politic. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.
PRECEDING and FOLLOWING. When referring to sections or divisions in this code, refer to the sections or divisions next following or next preceding that in which the words occur, unless some other section is designated.
TOWN. The Town of Bargersville, Indiana.
WRITTEN and IN WRITING. Include printing, lithographing or other modes of representing words and letters. Where the written signature of a person is required, the terms mean the proper handwriting of the person, or the person’s mark.
YEAR. One calendar year, unless otherwise expressly provided.
(I.C. 1-1-4-5)
§ 10.06 SEVERABILITY.
(A) If any section of this code now enacted or subsequently amended or its application to any person or circumstances is held invalid, the invalidity does not affect other sections that can be given effect without the invalid section or application.
(B) Except in the case of a section or amendment to this code containing a non-severability provision, each division or part of every section is severable. If any portion or application of a section is held invalid, the invalidity does not affect the remainder of the section unless:
(1) The remainder is so essentially and inseparably connected with and so dependent upon the invalid provision or application that it cannot be presumed that the remainder would have been enacted without the invalid provision or application; or
(2) The remainder is incomplete and incapable of being executed in accordance with the legislative intent without the invalid provision or application.
(C) This section applies to every section of this code regardless of whether a section was enacted before or after the passage of this code.
(D) The repeal of a section stating that the provisions of an act are severable as provided in division (B) does not affect the operation of division (B) with respect to that act.
(I.C. 1-1-1-8)
§ 10.07 REFERENCE TO OTHER SECTIONS.
Whenever in one section reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by the amendment or revision.
§ 10.08 REFERENCE TO OFFICES; NAME DESIGNATIONS.
(A) Reference to offices. Reference to a public office or officer shall be deemed to apply to any office, officer or employee of this municipality exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
(B) Name designations. Whenever any ordinance or resolution of the Council refers to any board, bureau, commission, division, department, officer, agency, authority or instrumentality of any government, and that name designation is incorrectly stated; or at the time of the effective date of that ordinance or subsequent thereto, the rights, powers, duties or liabilities placed with that entity are or were transferred to a different entity; then the named board, bureau, commission, department, division, officer, agency, authority or instrumentality, whether correctly named in the ordinance at its effective date or not, means that correctly named entity, or the entity to which the duties, liabilities, powers and rights were transferred.
(I.C. 1-1-6-1)
§ 10.09 ERRORS AND OMISSIONS.
If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected and the word or words supplied, omitted or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.
§ 10.10 REASONABLE TIME.
(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of the act or the giving of the notice.
(B) The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day be a Saturday, Sunday or a state holiday, it shall be excluded.
§ 10.11 REPEAL OR MODIFICATION OF CODE SECTION.
When a section of this code is repealed which repealed a former section or law adopted prior to the enactment of this code, the former section or law is not revived unless it so expressly provides. The repeal of any section shall not extinguish or release any penalty, forfeiture or liability incurred under the section, unless the repealing section so expressly provides. The section shall be treated as still remaining in force for the purposes of sustaining any proper action or prosecution for the enforcement of the penalty, forfeiture or liability.
(I.C. 1-1-5-1)
§ 10.12 LIMITATION PERIODS.
The running of any period of limitations or any requirement of notice contained in any law, whether applicable to civil causes or proceedings, or to the prosecution of offenses, or for the recovery of penalties and forfeitures, contained in a law repealed and reenacted by this code, shall not be affected by the repeal and reenactment; but all suits, proceedings and prosecutions for causes arising or acts committed prior to the effective date of this code may be commenced and prosecuted with the same effect as if this code had not been enacted.
Statutory reference:
Periods of limitation, see I.C. 1-1-1-7
§ 10.13 ORDINANCES UNAFFECTED.
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.
§ 10.14 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
(A) If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of the chapter or section. In addition to an indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
§ 10.15 SECTION HISTORIES; STATUTORY REFERENCES.
(A) As histories for the code sections, the specific number and passage date of the original ordinance, and amending ordinances, if any, are listed following the text of the code section. Example:
(B) (1) If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example:
(I.C. 36-5-2-2)
(2) If a statutory cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information. Example:
§ 39.01 PUBLIC RECORDS AVAILABLE.
This municipality shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.
Statutory reference:
Inspection of public records, see I.C. 5-14-3-1 et seq.
§ 10.16 PRESERVATION OF PENALTIES, OFFENSES, RIGHTS AND LIABILITIES.
All offenses committed under laws in force prior to the effective date of this code shall be prosecuted and remain punishable as provided by those laws. This code does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this code. The liabilities, proceedings and rights are continued; punishments, penalties or forfeitures shall be enforced and imposed as if this code had not been enacted. In particular, any agreement granting permission to utilize highway rights-of-way, contracts entered into or franchises granted, the acceptance, establishment or vacation of any highway, and the election of corporate officers shall remain valid in all respects, as if this code had not been enacted.
§ 10.17 ENFORCEMENT PROCEEDINGS.
Should the town pursue enforcement proceedings, any person or entity who violates any provision of this code shall pay all court costs and reasonable attorney's fees of the town.
(Ord. 2017-14, passed 7-11-2017)
§ 10.99 GENERAL PENALTY.
(A) Any person, firm or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to the following:
(1) A fine not exceeding $2,500 for the first violation; and
(2) A fine not exceeding $7,500 for second and subsequent violations, except for violations of ordinances regulating traffic and parking.
(B) A separate violation shall be deemed committed upon each day during which a violation occurs or continues.
Statutory reference:
Authority, see I.C. 36-1-3-8(a)(10)
TITLE III: ADMINISTRATION
Chapter
30. GENERAL PROVISIONS
31. TOWN ORGANIZATIONS
32. OFFICIALS AND EMPLOYEES
33. FEES, TAX AND FINANCE
34. TOWN POLICIES
CHAPTER 30: GENERAL PROVISIONS
Section
Town Council
30.01 Election of members; terms
30.02 Authority over grant applications
Smoking in Town Hall
30.15 Need for regulation of smoking
30.16 Definition
30.17 Regulation of smoking in Town Hall
30.18 Posting of signs
30.19 Enforcement procedures
30.20 No preemption
Non-discrimination Policy
30.30 Non-discrimination policy adopted
30.99 Penalty
TOWN COUNCIL
§ 30.01 ELECTION OF MEMBERS; TERMS.
(A) All members of the Town Council shall be elected at-large.
(B) The Town Council shall have five members with four-year terms for each member.
(Ord. 2002-8, passed 11-1-2002)
§ 30.02 AUTHORITY OVER GRANT APPLICATIONS.
(A) All grants that may be applied for by the town, including but not limited to any of its utilities and departments, shall be applied for by and in the name of the Town Council. Any employee of the town or other person, who desires that a particular grant application be made, shall bring the grant application to the attention of the Town Council.
(B) With regard to any particular grant application and the processing of grant funds that may be received, the Town Council may appoint a person to oversee the grant process and expenditure of any grant funds received.
(Res. 2015-07, passed 5-12-2015)
SMOKING IN TOWN HALL
§ 30.15 NEED FOR REGULATION OF SMOKING.
The Town Council recognizes the right and need of those who wish to breathe smoke-free air and finds and declares that the smoke of tobacco, tobacco related products and tobacco substitutes, fillers and other plants or weeds is a hazard to the health of the general public. Accordingly, the Town Council determines that the health, safety and welfare of the residents of the town would be furthered by the regulation of smoking in the Town Hall.
(Ord. 1992-14, passed 11-10-1992)
§ 30.16 DEFINITION.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SMOKE or SMOKING. The act of burning any tobacco product, weed, filler or plant of any kind in a cigarette, cigar, pipe, hookah or water pipe, or in any other device; or the carrying or holding of a lighted cigarette, cigar, pipe or any other lighted smoking equipment; or the inhalation or exhalation of smoke from any lighted smoking equipment.
(Ord. 1992-14, passed 11-10-1992)
§ 30.17 REGULATION OF SMOKING IN TOWN HALL.
Smoking shall be prohibited in the Town Hall.
(Ord. 1992-14, passed 11-10-1992) Penalty, see § 30.99
§ 30.18 POSTING OF SIGNS.
“Smoking Permitted” or “No Smoking” signs with letters of not less than one inch in height shall be conspicuously posted in the Town Hall and also in every other place where smoking may hereafter be controlled by this subchapter.
(Ord. 1992-14, passed 11-10-1992)
§ 30.19 ENFORCEMENT PROCEDURES.
(A) It is the right of any town employee or official to inform persons violating this subchapter of the appropriate provisions thereof.
(B) Any citizen who wishes to register a complaint hereunder may do so with the Town Council or with a designated employee of the town.
(C) Enforcement shall be implemented by the Town Council or through a town employee so designated by the Town Council in the manner provided by law for enforcement of municipal ordinances. That person shall have authority to issue warnings to known or suspected violators.
(Ord. 1992-14, passed 11-10-1992)
§ 30.20 NO PREEMPTION.
This subchapter shall not be interpreted to permit smoking where it is otherwise restricted by law.
(Ord. 1992-14, passed 11-10-1992)
NON-DISCRIMINATION POLICY
§ 30.30 NON-DISCRIMINATION POLICY ADOPTED.
(A) The Town Council of Bargersville adopts the following Title VI (of the Civil Rights Act of 1964) and non-discrimination policy:
"It is the express policy of the Town of Bargersville that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under, any program, services or activity receiving federal funds on the grounds of race, color, religion, sex, disability, national origin, ancestry or status as a veteran in accordance with federal law. It is also the policy of the Town of Bargersville to make every reasonable effort to ensure nondiscrimination with respect to race, color, religion, sex, disability, national origin, ancestry, or status as a veteran for all Town programs, services and activities regardless of its funding source."
(B) Non-discrimination language in compliance with federal law and consistent with the town's Title VI and non-discrimination policy articulated in division (A) shall be included in all written contracts and bid notices.
(C) The Council hereby appoints the Director of Development as the town's Title VI Administrator with the respect to contracting and any program or activity for which the town receives federal financial assistance.
(D) The Council hereby appoints The Director of Development as the town's ADA Administrator with the respect to contracting and any program or activity for which the town receives federal financial assistance.
(E) The Council hereby adopts the Title VI complaint procedure attached as Exhibit A to the resolution codified herein and directs that it be posted on the town's website and made available to the public through all other appropriate avenues.
(F) The Council directs the Title VI Administrator to prepare and present to the Council an annual Title VI and non-discrimination report to the Council no later than March 1 of each year.
Any person, firm or corporation violating any provision of §§ 30.15 through 30.20 shall be fined up to $500 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 1992-14, passed 11-10-1992)
CHAPTER 31: TOWN ORGANIZATIONS
Section
31.01 Utility Board
31.02 Advisory Plan Commission
31.03 Department of Storm Water Management
31.04 Board of Metropolitan Police Commissioners
31.05 Department of Redevelopment; Redevelopment Commission
31.06 Redevelopment Authority
31.07 Parks and Recreation Department
31.08 Reserved
31.09 Economic Development Commission
31.10 Ordinance Violations Bureau
§ 31.01 UTILITY BOARD.
(A) There is hereby established the Town Utility Board, which shall control all of the municipally-owned utilities of the town.
(B) The Utility Board shall consist of five members who shall be the five members of the Town Council.
(Ord. 1983-7, passed 12-13-1983)
§ 31.02 ADVISORY PLAN COMMISSION.
(A) There is hereby established, pursuant to the provisions of I.C. 36-7, an Advisory Plan Commission for the town.
(B) The legal name of the Advisory Plan Commission shall be the Town Plan Commission.
(C) The members of the Advisory Plan Commission shall be appointed and their terms shall be fixed pursuant to the provisions of I.C. 36-7, and all laws amendatory thereof and/or supplemental thereto.
(Ord. 1993-4, passed 8-10-1993)
§ 31.03 DEPARTMENT OF STORM WATER MANAGEMENT.
(A) I.C. 8-1.5-5 concerning “Storm Water Management Systems” is hereby adopted by the Town Council, so as to make the Act and any and all amendments thereto effective and operative in the town.
(B) Pursuant to I.C. 8-1.5-5, a Department of Storm Water Management shall be and is hereby created for the purpose of providing for the collection and disposal of storm and surface water in the town.
(C) Pursuant to I.C. 8-1.5-5-4(c), the Department of Storm Water Management shall be controlled by a Board of Directors which shall consist of three directors appointed by the Town Council President of the town, no more than two of whom may be of the same political party. The Town Council President may remove a director at any time when, in the judgment of the Town Council President, it is for the best interest of the Department. If a director is so removed, the Town Council President shall appoint a replacement to fill the unexpired term of the removed director.
(D) The initial terms of the first directors appointed pursuant to this section shall be staggered so that one director shall have a one-year term; one director shall have a two-year term; and one director shall have a three-year term. Thereafter, the terms of all directors shall be for a period of three years, and all initial terms shall begin an the first day of the month following adoption of this section.
(E) Pursuant to I.C. 8-1.5-5, there is hereby created a special taxing district which shall include all of the territory within the corporate boundaries of the town.
(F) The Board of Directors shall prepare a budget for the operation of the Department of Storm Water Management on an annual basis. The budget shall be subject to approval by the Town Council, and any issuance of bonds or other methods for making capital improvements shall be approved by the Town Council as provided by law.
(G) The Utility Superintendent of the town (or his or her designee) shall be in charge of the day to day operations of the Department of Storm Water Management and shall attend the meetings of the Board of Directors.
(Ord. 2000-9, passed 12-12-2000)
§ 31.04 BOARD OF METROPOLITAN POLICE COMMISSIONERS.
(A) Town Marshal abolished. The Office of Town Marshal in the town shall be abolished effective August 1, 2001. The foregoing effective date may be altered to an earlier or later date by resolution of the Town Council.
(B) Metropolitan Board established.
(1) Pursuant to the provisions of I.C. 36-8-9-2, there has been and hereby is established a Board of Metropolitan Police Commissioners (the “Board”) in and for the town to consist of five members to be appointed by the Town Council. The first Board of Metropolitan Police Commissioners (the “Commissioners”) shall begin its duties immediately upon their appointment. The Commissioners appointed shall be of good moral character, legal residents of the town and not more than three shall be of the same political party, if individuals who satisfy this requirement can be found to serve on the Board. Except as hereafter provided, the term of each Commissioner expires January 1 of the third year after the Commissioner’s appointment.
(2) The Board initially consisted of three Commissioners, who were appointed as follows: one to serve for a term expiring on January 1 of the year after the Commissioner’s appointment, one to serve for a term expiring on January 1 of the second year after the Commissioner’s appointment and one to serve for a term expiring on January 1 of the third years after the Commissioner’s appointment. Thereafter in January of each year, one member was to be appointed to serve for a term of three years.
(3) The two additional Commissioners to be appointed pursuant to this section shall be appointed for terms as follows: one to serve for a term expiring on January 1 of the year after the Commissioner’s appointment, and one to serve for a term expiring on January 1 of the second year after the Commissioner’s appointment. The terms of the additional Commissioners shall begin immediately upon their appointment. As the term of each additional Commissioner appointed pursuant to this section expires, his or her replacement shall be appointed to serve for a term of three years.
(4) Members of the Town Council may be appointed as Commissioners; provided however, that no more than one member of the Town Council may serve on the Board at any time, and provided further that the Town Council may not appoint a police officer employed by the town to serve on the Board. If a member of the Town Council is appointed to the Board, that Council member vacates his or her position as a Commissioner on the Board when that Commissioner is no longer a member of the Town Council.
(5) A Commissioner who is also a member of the Town Council shall not be required to give bond as otherwise required by division (E) below and by I.C. 36-8-9-3.1(f). A Commissioner who is also a member of the Town Council may not receive the compensation as a Commissioner otherwise provided by town ordinance or resolution and by I.C. 36-8-9-3.1(g).
(C) Removal of Commissioners. Each of the Commissioners shall be subject to removal by the Town Council for any cause which the Town Council considers sufficient.
(D) Oath of office. Before entering upon their duties, the Commissioners shall each take and subscribe an oath or affirmation of office by the Clerk of the Circuit Court of the county, that, in each and every appointment or removal to be made by them to or from the police force created and organized under the provisions of I.C. 36-8-9-1 et seq., they shall in no case and under no pretext appoint or remove any police officer or other person because of any political affiliation of the person, or for any cause or reason other than that of the fitness or unfitness of the person or other legally valid reason.
(E) Bond. The Commissioners shall each give bond in the penal sum of $5,000 payable to the state, conditioned upon the faithful and honest discharge of their duties, which bond shall be approved by the Town Council. The salary of the Commissioners shall be fixed by the Town Council, and shall be payable monthly out of the Treasury of the town.
(F) Rights and powers. The Commissioners shall serve as the appointing authority for the Police Department, and shall have and possess all of the rights, power and authority granted by I.C. 36-8-9-1 et seq., as the same is now in effect or as hereafter amended, and shall at all times act as the Safety Board of the town pursuant to I.C. 36-8-3-4 for the purposes of the suspension, demotion or dismissal of any member of the Police Department. Notwithstanding the foregoing, in the event the Board seeks to appoint or reappoint to the Police Department an individual who was previously employed by or is retired from the town’s marshal system or the Police Department of the town, the appointment or reappointment shall be subject to the final approval of the Town Council.
(G) Procedures. Rules of Procedure for the Board will hereafter be adopted by the Town Council to effectuate the purpose of the Board as set forth herein.
§ 31.05 DEPARTMENT OF REDEVELOPMENT; REDEVELOPMENT COMMISSION.
(A) Pursuant to I.C. 36-7-14-3, the Council hereby establishes the Town Department of Redevelopment (the “Department”), for the purposes of and to exercise the powers set forth in the Act or otherwise granted by law. The Department will be controlled by a board of five members to be known as the Town Redevelopment Commission (the “Redevelopment Commission”), two of whom shall be appointed by the Council and three of whom shall be appointed by the President of the Council.
(B) Each initial Commissioner, appointed in 2007, shall serve from the date of appointment to January 1, 2009. Each Commissioner appointed thereafter shall serve a one-year term from January 1 after his or her appointment. Any vacancy shall be filled in the same manner as the original appointment and the successor shall serve the remainder of the vacated term.
(Ord. 2007-10, passed 2-15-2007)
§ 31.06 REDEVELOPMENT AUTHORITY.
Pursuant to I.C. 36-7-14.5-7, the Town Redevelopment Authority (the “Redevelopment Authority”) is hereby created as a separate body corporate and politic and as an instrumentality of the town for the purposes and to exercise the powers set forth in the Act or otherwise granted by law. The Redevelopment Authority shall be governed by a Board of Directors consisting of three members, each of whom shall be appointed by the executive of the town.
(Ord. 2010-17, passed 6-29-2010)
§ 31.07 PARKS AND RECREATION DEPARTMENT.
(A) The Town Council adopts the provisions of I.C. 36-10-3 establishing a Department of Parks and Recreation governed by a Board of Parks and Recreation and the establishment of a Parks District.
(B) The Town Council creates a special taxing district that includes all territory within the town's corporate boundaries as provided in I.C. 36-10-3-19.
(C) The Town Council establishes a Parks and Recreation Board which shall consist of four members (one member shall serve a one-year term or until their successor is appointed; one member shall serve a two-year term or until their successor is appointed; one member shall serve a three-year term or until their successor is appointed; and one member shall serve a four-year term or until their successor is appointed), each appointed on the basis of their interest in and knowledge of parks and recreation with not more than two of whom may be of the same political party, as provided in I.C. 36-10-3-4(c).
(D) The Town Council waives the requirement pursuant to I.C. 36-10-3-4.1(2) that not more than two of the four members of the Town Board be affiliated with the same political party as such waiver is necessary due to the absence of persons who are willing to serve on the Park Board and who satisfy any or all of the requirements.
(E) The Parks Advisory Council shall continue in existence as provided in I.C. 36-10-3-17.
(F) The members of the Parks and Recreation District shall receive the per diem reflected in the current year's salary ordinance per meeting attended.
(A) The Town Council hereby establishes a department of economic development to be controlled by a commission known as Bargersville Economic Development Commission.
(B) After the adoption of this section, the Town Council President or his or her delegee is hereby authorized and directed to promptly notify the Johnson County Council in order to obtain one nomination for the Economic Development Commission.
(C) Any officer of the town is hereby authorized and directed, for and on behalf of the town, to execute and deliver any instrument or take any other action as the officer determines to be necessary or desirable to accomplish the purposes of this section, determination to be conclusively evidenced by the officer’s having executed the instrument or having taken such action, and any such officer’s having executed and delivered any such instrument or having taken any such action is hereby ratified and approved.
(Ord. 2013-21, passed 8-6-2013)
§ 31.10 ORDINANCE VIOLATIONS BUREAU.
(A) There is hereby established pursuant to I.C. 33-36-1 et seq. (as currently in effect and hereafter amended) an Ordinance Violations Bureau;
(B) The Town Manager shall be the Violations Clerk.
(C) (1) The Town Manager and his or her staff or designee shall accept, no later than seven days from the issuance of a notice of violation, the written appearances, waivers of trial, admissions of violations, and payment of civil penalties of not more than $250 in ordinance violations cases, subject to the schedule of civil penalties adopted in this section, at the Bargersville Town Hall during the hours specified on the complaint or summons issued under the authority of this section.
(2) Civil penalties shall be paid to, receipted and accounted for by the Violations Clerk under procedures provided for by the Indiana State Board of Accounts. Payment of civil penalties under this section may be made in person or by mail to the Violations Clerk.
(3) A person(s) charged with an ordinance or code violation(s) is entitled to a trial before a court as provided by law, unless the person waives the right to a trial and enters an admission of the violation with the Violations Clerk. Upon such an admission, no later than seven days of the issuance of the notice of violation or summons, the Violations Clerk shall assess and receive from the violator(s) the amount prescribed by the schedule of civil penalties established and adopted in this section.
(4) If a person(s) charged with a violation under this section wants to exercise the right to a trial, the person shall appear before the Violations Clerk no later than seven days from the issuance of the notice of violation or summons and deny the violation or enter a written denial with the Violations Clerk.
(5) The Town Manager and his or her designee and any town police officer or other official or employee are authorized by a regulation of the town or state law to issue notices of violation for the violations of regulations and ordinances.
(D) Town ordinances and regulations identified in Schedule "A" attached to Ord. 2020-01 and made a part hereof, shall be within the jurisdiction of the Bureau. For some ordinances, second and subsequent violations, admissions or judgments for violation of some ordinances occurring within 12 months of any other violations, admissions or judgments will be subject to a greater civil penalty. (Where applicable those greater penalties for second and subsequent violations, admissions or judgments are listed to the right of the initial penalty for the first violation, admission or judgment).
(E) (1) If a person(s) upon whom a notice of violation and summons is issued pursuant to this section does not bring an admission of violation and payment of the civil penalty or if a notice of violation of a Bureau ordinance issued pursuant to this section is not properly responded to in writing within seven days of the issuance of the complaint, the Bureau shall add a late charge of $5 per violation to the amount otherwise payable. After 30 days of the issuance of the complaint, the Bureau may accept admission of a violation or payment of the civil penalty in its discretion.
(2) Upon payment of any sum of money to the Bureau, as provided, the Violations Clerk shall issue a receipt to the person so paying. The Violations Clerk shall keep a record of all payments and shall account for all sums paid to the Bureau with a monthly report on the Bureau's activities showing the total number of complaints issued, including the dates of issuance and the number of such cases referred to the Town's Attorney who has initiated an action to prosecute the violation.
(3) If a person upon whom a complaint and summons is issued pursuant to this section fails to deny or admit a violation within 30 days, the Town Attorney may bring legal proceedings in a court of competent jurisdiction. Under such circumstances, if a judgment is rendered in favor of the town, court costs will be assessed in addition to any fine or other relief provided.
(4) If a person upon whom a complaint and summons is issued desires to challenge the ticket and assure that it will be kept under the jurisdiction of the Ordinance Violation Bureau, he or she must go to the Violations Clerk's office and expressly deny the violation or send a signed written statement indicating his or her denial to the Violations Clerk within 30 days of the issuance of the complaint. Under such circumstances, the Town Attorney will initiate legal proceedings in a court of competent jurisdiction.
(5) Any action taken pursuant to this section does not preclude the town from taking other legal action to enforce said ordinance or code provision, in lieu of issuing a complaint under this section, including but not limited to injunctive relief and recovery of damages.
(6) If a person denies an ordinance or code violation as set out herein, or fails to pay and satisfy the penalty after having entered an admission of violation, or fails to deny or admit the violation, the Clerk shall report this fact to the Town Attorney, who may then initiate an action to prosecute the violation.
32.07 Volunteer services performed by town employees
32.08 Nepotism; contracting with unit by a relative
32.09 Longevity program
32.10 Town Manager
§ 32.01 DEPUTY CLERK-TREASURER.
(A) The town hereby creates a position of Deputy Clerk-Treasurer, which Deputy Clerk-Treasurer is hereby authorized and empowered to carry out all functions of and be empowered with all powers of the Clerk-Treasurer and is authorized to act on behalf of the Clerk-Treasurer in the Clerk-Treasurer’s absence.
(B) The duly elected and authorized Clerk-Treasurer of the town is hereby empowered to employ and designate a person to act as Deputy Clerk-Treasurer.
(Ord. 1992-12, passed 10-13-1992)
§ 32.02 NEW EMPLOYEES OF THE POLICE DEPARTMENT.
(A) The following shall be conditions of employment required of all new employees of the Town Police Department.
(1) All new employees shall reside within 20 miles of the town limits of the town. Any new employee not so residing shall move to within seven miles of the town limits within one year after the date of his or her employment, and failure to do so shall be cause for discharge.
(2) All new employees must meet the minimum standards of the Law Enforcement Training Board, as amended and in effect from time to time, regarding acceptance of persons for law enforcement training. (The current regulations are found at 250 I.A.C. 1-3.)
(3) All new employees must successfully complete the Law Enforcement Academy’s pre-basic course before being employed by the Police Department. A person who has not successfully completed the Law Enforcement Academy’s pre-basic course will not be considered for employment by the Police Department.
(4) All new employees, who have not completed the Law Enforcement Academy’s basic course, will be on probation until they have completed the mandated requirements of the Law Enforcement Training Board. Failure to successfully complete the basic course shall be cause for discharge.
(5) All new employees shall undergo psychological testing.
(6) All potential new employees, after being offered employment, shall be given a pre-employment physical which shall include testing for drugs. Failure to successfully pass the pre-employment physical shall be cause for withdrawal of the offer of employment.
(7) All new employees that the town sends to the State Law Enforcement Academy to meet mandated basic training will be required to sign a four-year contract with the town.
(B) (1) The contract referred to in division (A)(7) above shall contain, among other items, the provisions of division (B)(2) below, if the town is required to send the new employee to the State Law Enforcement Academy’s 12-week basic class.
(2) If after attending the State Law Enforcement Academy, a new employee resigns his or her position or is discharged for cause, the contract will have the following penalties: the new employee will owe to the town three weeks’ pay for each year of the four-year contract he or she does not complete. (For a year partially not completed, the three week’s owed will be prorated.) The three weeks’ pay owed shall be calculated at the rate of the new employee’s then current weekly salary. The obligation shall be evidenced by a promissory note, with provisions for attorney’s fees and other standard provisions.
(3) The term
NEW EMPLOYEES, as used in this section, refers to sworn officers of the Town Police Department. It does not refer to any civilian employees of the Town Police Department.
(A) There shall be no reserve deputy marshals for the town. The appointment and authority of all present reserve deputy marshals of the town is hereby terminated, effective as of December 31, 1993, at 11:59 p.m.
(B) The Town Marshal is hereby authorized to appoint deputy marshals for the town. No more than five deputy marshals shall be so appointed. Each deputy marshal shall be subject to the orders of the Town Marshal and the Town Council and may be discharged by the Town Marshal pursuant to the powers set forth in the Indiana Code of 1971, under what is presently enumerated in I.C. 36-5-7-6.
(C) The Town Council shall regulate the amount of bond, compensation and term of service of the deputy marshals.
(Ord. 1993-12, passed 12-14-1993)
§ 32.04 DEFERRED COMPENSATION PLAN.
(A) There is hereby created the Town Deferred Compensation Plan (herein called “the Plan”), pursuant to I.C. 5-10-1.1.
(B) The Town Council hereby appoints the Town Clerk-Treasurer as the Administrator of the Plan, and authorizes him or her to make deductions from the pay of employees, who voluntarily participate, and to make other arrangements as are necessary to implement the Plan.
(C) The Clerk-Treasurer is authorized to execute a § 457 Deferred Compensation Plan Adoption and Services Agreement, and the Administrative Services Addendum thereto, with the Variable Annuity Life Insurance Company (“VALIC”).
(D) Other than the incidental expense of collecting the employees’ deferrals and other minor administrative matters, there is to be no cost to or contribution by the town to the Plan.
(E) The Town Council reserves the right at any time and from time to time to amend the Plan or terminate the Plan and have the accounts of participating employees distributed in conformity with the Internal Revenue Code and applicable regulations and in conformity with any other applicable federal and state laws and regulations.
(Ord. 2002-1, passed 1-8-2002)
§ 32.05 CANDIDATES FOR TOWN OFFICE.
(A) Pursuant to I.C. 3-8-5-2(a) and (c), the nomination of candidates for town office shall be:
(1) By primary election;
(2) By petition filed under I.C. 3-8-6; or
(3) If a primary election is not required under I.C. 3-8-5-10 for the political party or which the candidate is a member, by the candidate’s declaration for candidacy.
(B) The Clerk-Treasurer shall send a copy of this section to the County Circuit Court Clerk.
(Ord. 2008-3, passed 2-12-2008)
§ 32.06 RESERVE POLICE OFFICERS.
(A) The Board of Metropolitan Police Commissioners, at its discretion, may implement a police reserve officer program for the Police Department, pursuant to I.C. 36-8-3-20.
(B) The number of police reserve officers in the police reserve officer program shall not exceed ten police reserve officers at any one time.
(C) The police reserve officers shall be appointed by the Board. Police reserve officers may not be members of the regular Police Department (the “Department”) but shall have all of the same police powers as regular members of the Department, except as limited by the rules of the Department.
(D) The Department may adopt rules to limit the authority of police reserve officers.
(E) (1) The Department shall furnish at the town’s expense the following items:
(a) Duty weapon.
(b) Department identification.
(c) Department badge.
(d) Body armor.
(2) All such items shall remain the property of the town.
(F) At the discretion of the Chief of Police and with the concurrence of the Metropolitan Board of Police Commissioners, to the extent that money is appropriated for the following item(s), police reserve officers may receive a uniform allowance.
(G) Police reserve officers are not eligible to participate in any pension program provided for regular members of the Department.
(H) A police reserve officer may not be appointed until he or she has completed the training and probationary period specified by rules of the Department.
(I) A reserve police officer appointed by the Department may not make an arrest, conduct a search or seizure of property, or carry a firearm; unless the police reserve officer successfully completes the pre-basic course under I.C. 5-2-1-9(f).
(Ord. 2011-8, passed 5-10-2011)
§ 32.07 VOLUNTEER SERVICES PERFORMED BY TOWN EMPLOYEES.
(A) A town employee who performs services that do not promote religion; or attempt to influence legislation or governmental policy; or attempt to influence election to public office; for the benefit of another governmental entity; or an organization that is exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code; with the approval of the employee’s supervisor; and in compliance with a policy or regulation that is in writing and is issued by the executive officer of the governmental entity; and contains a limitation on the total time during any calendar year that the employee may spend performing the services during normal hours of employment, is considered to be performing duties related to the operation of the governmental entity; and the town employee may perform volunteer services that comply with state law during normal hours of employment, if the employee’s supervisor approves and the employee does not spend more than 25 hours in a calendar year performing the volunteer services.
(B) A town employee may not volunteer time to the town. Specifically, a town employee may not volunteer to do any activity that is related to the employee’s work for the town.
(C) A town employee shall not be expected to and shall not be obligated to volunteer for town activities.
(D) A town employee who chooses to not engage in volunteer activities that are town activities shall not be penalized directly or indirectly for choosing to not volunteer.
(E) A town employee who chooses to engage in volunteer activities that are town activities shall not be compensated, nor rewarded for volunteer activities in any manner different than a non-town employee.
(F) A town employee may only participate in volunteer services that do not result in overtime compensation.
(Ord. 2012-05, passed 8-7-2012)
§ 32.08 NEPOTISM; CONTRACTING WITH UNIT BY A RELATIVE.
(A) The town finds it is necessary and desirous to adopt a policy of conduct with regard to nepotism in the employment with the town and in contracting with the town in order to continue to be able to provide local government services to its residents and to comply with the new laws effective July 1, 2012.
(B) On July 1, 2012 the town shall have a nepotism and a contracting with a unit policy that complies with the minimum requirement of I.C. 36-1-20.2 (hereinafter “nepotism policy”) and I.C. 36-1-21 (hereinafter “contracting with a unit by a relative policy”) and implementation will begin.
(C) The town nepotism policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of I.C. 36-1-20.2, and including all future supplements and amendments thereto which become law from time to time, and making them a part thereof as if fully set out herein.
(D) The town contracting with a unit by a relative policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of I.C. 36-1-21, and including all future supplements and amendments thereto which become law from time to time, and making them a part hereof as if fully set out herein.
(E) The town finds that both statutes specifically allow a unit to adopt requirements that are “more stringent or detailed” and that more detailed are necessary. Accordingly, any existing policy of the town, in whatever form (ordinance, employee handbook, and the like) that is more stringent or detailed shall remain in full force and effect.
(F) The town further finds that a single member of the Town Council cannot act for the Council to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the Council and therefore without the authority by the majority a single member of the Council will not be in the direct line of supervision.
(G) The town finds that a single member of other governing bodies of the town with authority over employees in the town cannot act for such a governing body to make work assignments, compensation, grievances, advancement or a performance evaluation without the prior authority of a majority of the governing body, when a statute provides that a majority is needed to act, and therefore, without the authority by the majority the single member of the governing body will not be in the direct line of supervision.
(H) All elected and appointed officials and employees of the town are hereby directed to cooperate fully in the implementation of the policies created by this section and demonstrate compliance with these same policies.
(I) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the nepotism policy is a violation and may result in the discipline, including termination, of an employee or a transfer from the direct line of supervision or other curative action. An elected or appointed official of the town who fails to abide by or cooperate with the implementation, with the compliance and with mandated certifications of either the nepotism policy or the contracting with unit by a relative policy may be subject to action allowed by law.
(J) The policies created by this section are hereby directed to be implemented by any of the following actions: a) posting a copy of this section in its entirety in at least one of the locations in the town where it posts employer posters or other notices to its employees; b) providing a copy of this section to its employees and elected and appointed officials; c) providing or posting a notice of the adoption of this section; or d) any such other action or actions that would communicate the policies established by this section to its employees and elected and appointed officials. Upon taking any of these actions these policies are deemed implemented by the town.
(Ord. 2012-16, passed 6-12-2012)
§ 32.09 LONGEVITY PROGRAM.
(A) A longevity program is hereby adopted for eligible employees of the town.
(B) An "eligible police officer" is any police officer of the town who, as of the date of adoption of this section, is employed as (a) a regular full-time police officer of the town; (b) has been continuously employed as a police officer for a consecutive period of at least one calendar year; and (c) is employed as of the annual longevity date defined below. No other employee of the town is eligible for the longevity program.
(C) Longevity payments will be paid to eligible police officers annually on the first regularly scheduled payroll date of each November (the "longevity date"). Subject to the special provisions listed below, the gross amount of each annual reward will be equal to the number of the police officer's full calendar years of town employment multiplied by $100, up to a maximum of 20 years (i.e. $2,000). All monies that are paid out for the longevity program are subject to applicable tax withholdings.
(D) Special provisions.
(1) An employee whose status changes from full-time to part-time will not be eligible beginning on the first longevity date following the change in status. If any such employee later returns to full-time status, the employee will be eligible to receive longevity on the first longevity date following such return. In such cases, the employee’s reward will be calculated based on all full calendar years of service since their most recent date of hire.
(2) The longevity date for any eligible employee with a break in service (i.e., an employee who has more than one date of hire) is calculated based only on full calendar years of service since the most recent date of hire. The longevity program is specifically intended to reflect the town’s appreciation for employees who have remained with the town consistently over time, so prior periods of employment are not included in the calculation.
(E) The town reserves the right to alter or discontinue the longevity program at any time. Neither this section nor any aspect of the town’s longevity program creates any new right, claim, or obligation on behalf of the town or any town employee.
(A) The position of Town Manager for the Town of Bargersville, Indiana, is hereby created.
(B) The Town Council is authorized to employ a Town Manager for the town, pursuant to I.C. § 36-5-5, to be the administrative head of the town government.
(C) The Town Manager shall serve at the pleasure of the Town Council.
(D) The Town Manager shall be paid an annual compensation to be determined by the Town Council, payable in the same manner as other employees of the town. The Town Manager shall be a full-time salaried employee of the town.
(E) Unless provided otherwise by written order, resolution or ordinance of the Town Council, the Town Manager shall have the powers and duties set forth in I.C. § 36-5-5-8 and as described in Exhibit A attached to Res. 2019-03 and which is incorporated by reference as if laid out herein in full.
(F) The Town Council shall have the power to repeal, amend or otherwise modify this section; provided, however, that no such modification shall impair the vested contract rights, if any, of the Town Manager holding the position at the time of such modification.
(Res. 2019-03, passed 6-17-2019)
CHAPTER 33: FEES, TAX AND FINANCE
Section
General Provisions
33.01 Fees for copies of accident reports and motor vehicle inspections
33.02 Pre-approved payments of claims
33.03 Fees for copies of crash reports
33.04 Copies of VCR tapes and photographs
33.05 Use of credit cards
33.06 Purchasing policy
33.07 Collection of contributions
33.08 Internal control standards
33.09 Cash change funds
Public Depositories and Investments
33.15 Definitions
33.16 Establishment of the Town Treasury
33.17 Deposit of public funds; designation of public depositories
33.18 Deposit and investment powers
33.19 Authorized investments
33.20 Limit to final maturity of investments
33.21 Disposition of interest received from investment
33.22 Treatment of service charge by depository
33.23 Prohibited acts
Cost Principles for Spending Federal Funds
33.30 In general
33.31 Implementation
33.32 Cost principles
33.33 Selected items of cost
33.34 Cost compliance
33.35 Determination of direct/indirect cost by Clerk-Treasurer
33.36 Timely obligation of funds
33.37 Period of performance
33.38 Validity
GENERAL PROVISIONS
§ 33.01 FEES FOR COPIES OF ACCIDENT REPORTS AND MOTOR VEHICLE
INSPECTIONS.
(A) (1) A fee of $5 shall be charged for a copy of an accident report. However, a victim of a crime shall not be required to pay for a copy of an accident report.
(2) A fee of $5 shall be charged for motor vehicle inspections performed by the Town Police Department.
(B) All fees collected pursuant to this section shall be deposited in the Local Law Enforcement Continuing Education Fund.
(Ord. 1996-6, passed 5-14-1996)
§ 33.02 PRE-APPROVED PAYMENTS OF CLAIMS.
(A) This section is adopted pursuant to I.C. 36-5-4-12.
(B) Notwithstanding I.C. 5-11-10, the Town Clerk-Treasurer or Deputy Clerk-Treasurer may make claim payments in advance of the Town Council’s allowance for the following types of expenses:
(1) Property or services purchased or leased from:
(a) The United States government; or
(b) An agency or a political subdivision of the United States government.
(2) License fees or permits fees;
(3) Insurance premiums;
(4) Utility payments or utility connection charges;
(5) Federal grant programs if:
(a) Advance funding is not prohibited; and
(b) The contracting party provides sufficient security for the amount advanced.
(6) Grants of state funds authorized by statute;
(7) Maintenance agreements or service agreements;
(8) Lease agreements or rental agreements;
(9) Principal and interest payments on bonds;
(10) Payroll;
(11) State, federal and/or county taxes;
(12) Expenses that must be paid because of emergency circumstances;
(13) Expenses described in an ordinance; and
(14) Expenses on revolving credit accounts that may incur late fees, increased interest rate or otherwise do harm to credit rating for late payments.
(15) Expenses for which a discount is available if paid before the next regular meeting of the Town Council.
(C) Each payment of expenses under this section must be supported by a fully itemized invoice, statement or bill and certification by the Clerk-Treasurer or Deputy Clerk-Treasurer.
(D) The Town Council shall review and allow the claim at the Town Council’s next regular meeting following the pre-approved payment of the expense.
(A) A fee of $5 shall be charged for a copy of a crash report. However, a victim of a crime where a crash report is used shall not be required to pay for a copy.
(B) All fees collected pursuant to this section shall be deposited in the Local Law Enforcement Continuing Education Fund.
(Ord. 2001-6, passed 6-12-2001)
§ 33.04 COPIES OF VCR TAPES AND PHOTOGRAPHS.
(A) A fee of $5 shall be charged for a copy of a photograph.
(B) A fee of $50 shall be charged for a copy of a VCR tape.
(C) All fees collected pursuant to this section shall be deposited in the Local Law Enforcement General Fund.
(Ord. 2001-8, passed 8-14-2001)
§ 33.05 USE OF CREDIT CARDS.
(A) The town utility municipality shall hereby be authorized to obtain a credit card (charge card) at First Bank with offices located in the town, which card may be either a Visa card or a Mastercard. The charge card/account will be paid in full every billing cycle. The town cannot pay any interest charge of the accounts. Charges made on a credit card that is lost while in the possession of an employee may be billed to that employee up to a $50 limit. The issuance of credit cards to traveling employees is a privilege and a convenience to those employees. If the town’s credit card policy is abused or otherwise proves unworkable, this privilege may be discontinued.
(B) The issuance of the credit card shall be to the utility’s municipality and which use shall be handled by the Town Clerk-Treasurer and/or the Town Utility Superintendent.
(C) The purpose for which the credit card will be issued is for the purchase of items for training, meals, hotels and other out-of-town and travel expenses necessitated by the attendance by various employees of the town utilities at seminars and training sessions; and that the credit card shall be returned, after its purpose has been accomplished, to the custody of the responsible person, namely, the Town Clerk-Treasurer and/or the Utility Superintendent.
(D) The responsible persons, namely the Town Clerk-Treasurer and/or the Utility Superintendent, shall maintain an accounting system or log which should include the names of the individuals requesting usage of the credit card, their position, estimated amount to be charged, fund and account numbers to be charged, and the dates the card is issued and returned.
(E) The use of the credit card shall never be utilized to by-pass the foregoing accounting system; and payment should not be made solely on the basis of statement or credit card slip only, but supporting documentation, such as paid bills and receipts, must be also provided.
(F) An annual fee may be paid for the credit card, if necessary, and is hereby authorized by this section; and any receipt, check or accountable item which has be voided should be retained for audit purposes.
(Ord. 2002-9, passed - -2009)
§ 33.06 PURCHASING POLICY.
(A) Definitions. The following terms shall apply to this chapter as written unless context indicates or requires a different meaning.
INVOICE. A list of goods sent or services provided, with a statement of the sum due for these; a bill.
MUNICIPALLY OWNED UTILITIES. Means and includes the town's electric, water, wastewater (sanitary sewer) and storm water utilities.
TOWN. Unless otherwise noted, TOWN means both the town and/or any of its municipally owned utilities.
(B) Purchasing Agent. Pursuant to I.C. § 5-22-2-26, PURCHASING AGENT is defined as individuals authorized by the Council to act as an agent of the town in administering the duties of the Council as the town's purchasing agency (see Town of Bargersville administrative policy purchasing policies and procedures for current designated purchasing agent and their designees).
(C) Custodian of public funds. The purchasing agent, as custodian of public funds, shall be responsible for soliciting and comparing prices from as many responsible suppliers as is practical and purchase the best quality goods and services at the best value on behalf of the citizens and rate payers. Comparison pricing can be obtained via letter, email, fax, or website on official vendor document or letterhead. Any item obtained under a line of credit, does not require comparison pricing.
(1) Receipt of goods and services. The purchasing agent or his/her designee shall be responsible for receiving and inspecting all purchased goods. If the vendor requires the purchasing agent or such other person who receives the goods or services to sign a bill of lading, delivery ticket, or other document confirming delivery of the goods or performance of the service, the purchasing agent shall obtain a copy of such documentation as well.
(2) Invoice or bill. The purchasing agent is responsible for insuring that a fully itemized invoice or bill is issued for each purchase. The purchasing agent shall sign each bill or invoice, certifying that the goods or services were received and meet the requirements specified. The purchasing agent shall submit the signed invoice or bill along with the town's copy of any bill of lading, delivery ticket or other documents received from the vendor or carrier to the town's Clerk Treasurer or their designee. All invoices or bills must be signed by the purchasing agent before being paid. All invoices must be submitted for payment a minimum of seven days prior to the due date.
(D) For all purchases less than $50,000.
(1) No quote or bid process required (I.C. 5-22-8). Purchasing agent may make a purchase of less than $50,000.00, without formal quotes or bids subject to division (C) (see administrative policy - purchasing policies and procedures).
(2) All purchases are considered operational and should be purchased by the purchasing agent within their budget constraints subject to division (C). Except for the following items where the purchasing agent must obtain approval from the Town Council prior to making the purchase:
(a) Expansions (or add on's) to existing assets, over $2,500.
(b) Assets includes everything owned by the town or utilities.
(c) All vehicles and/or movable equipment over 500 lbs. (for both replacement and expansions), over $2,500.
(E) Purchases between $50,000 and $150,000 (follow state code). Quotes process required (I.C. § 5-22-8). An authorized purchasing agent may purchase supplies by inviting quotes from at least three persons known to deal in the lines or classes of supplies to be purchased. Invitations to quote shall be mailed at least seven days before time fixed for receiving quotes. If a satisfactory quote is received, purchasing agent shall award a contract to the lowest responsible bidder. If the purchasing agent does not receive a quote from a responsible and responsive offer or, the purchasing agent may purchase the supplies, goods, or materials under the special purchase provisions of the Indiana Code.
(F) Purchases greater than $150,000 (follow state code). Competitive bid process required (I.C. § 5-22-7). For purchases greater than $150,000, the competitive bid process includes:
(1) Issue invitation for bids.
(2) Invitations must meet public notice requirements (I.C. § 5-3-1 notices).
(3) Open bids publicly, a contract must be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder. Bids may not be changed substantively after they have been submitted (in price or provisions). The purchasing agency must maintain the name of each bidder and the bid amount and such other information required by state law or local rules for public inspection after award.
A fund is established for the purpose of taking donations and contributions or anything else to promote the town. The funds collected under this section may be used for all town events up to and including car shows, festivals and any other events, activities or expenditures that promote the town not specifically prohibited by law. This fund shall be subject to the same appropriation process as other municipal funds.
(Ord. 2014-07, passed 5-27-2014)
§ 33.08 INTERNAL CONTROL STANDARDS.
(A) The Town of Bargersville adopts as policy the internal control standards as set forth by the Indiana State Board of Accounts Uniform Internal Control Standards for Indiana Political Subdivisions Manual as expressly written and published by the Indiana State Board of Accounts in September, 2015, and as amended from time to time.
(B) In order to implement these standards, the Town Clerk Treasurer shall certify in writing that personnel as defined in statute have received the required training. All officers, elected officials and employees are required to comply with the policy. Employees who fail to comply with this policy are subject to discipline, including but not limited to, termination of their employment.
(Ord. 2016-13, passed 5-31-2016)
§ 33.09 CASH CHANGE FUNDS.
(A) For the use of special events of the town, a cash drawer fund of $500 is established, which shall be known as “Parks Department, Cash Drawer #1.”
(B) One warrant of $500 shall be drawn on the appropriate fund of the town in favor of the Parks Director to establish the cash change funds, without need for an appropriation to be made for such funds.
(C) The Parks Director shall convert the warrant to cash, shall use the cash to make change when collecting cash revenues, and shall account for the cash in the same manner as is required for other funds of the town.
(D) The Town Council shall require the cash change funds to be returned to the appropriate fund whenever there is a change in the department or if the funds are no longer needed.
(Res. 2024-05, passed 6-11-2024)
PUBLIC DEPOSITORIES AND INVESTMENTS
§ 33.15 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CLERK-TREASURER. The Clerk-Treasurer of the Town of Bargersville.
REPURCHASE AGREEMENT. An agreement:
(1) Involving the purchase and guaranteed resale of securities between two parties; and
(2) That may be entered into for a fixed term or arranged on an open or a continuing basis as a continuing contract that:
(a) Operates like a series of overnight repurchase agreements;
(b) Is renewed each day with the repurchase rate and the amount of funds invested determined daily; and
(c) For purposes of this subchapter, is considered to have a stated final maturity of one day.
TOWN. The Town of Bargersville, and all utilities operated by it.
TOWN COUNCIL. The Town Council of Bargersville.
(Ord. 2009-4, passed 4-14-2009)
§ 33.16 ESTABLISHMENT OF THE TOWN TREASURY.
(A) There is hereby established the Treasury of the town.
(B) The Town Treasury is composed of the following:
(1) All moneys collected by the town under any law of this state or of the town providing for the collection of revenue for lawful public purposes;
(2) All moneys borrowed on the credit of the town by the Town Council, the Clerk-Treasurer or any other authorized agent of the town;
(3) All moneys derived from the sale of property belonging to or held in trust by the town;
(4) All moneys and securities belonging to, lent to or held in trust by the town, where no other disposition of them is required by law;
(5) All income derived in any manner from any money or property specified in this section;
(6) Every fee, perquisite or bonus received by any public officer or employee in the discharge of his or her duties;
(7) All moneys appropriated to the payment of any part of the interest on the public debt; and
(8) All moneys from any source paid, belonging, or accruing to the town for the use of the town or to a town fund for any purpose.
(C) The Town Treasury shall be divided into the General Fund and other funds as are created by statute or by ordinance.
(D) The General Fund consists of all moneys paid into the Town Treasury, which are not by operation of a statute, ordinance or requirement of the donor dedicated to another fund or for another purpose.
(Ord. 2009-4, passed 4-14-2009)
§ 33.17 DEPOSIT OF PUBLIC FUNDS; DESIGNATION OF PUBLIC DEPOSITORIES.
(A) The town, through its Clerk-Treasurer may deposit public funds in a financial institution only if the financial institution is a depository eligible to receive state funds.
(B) The Clerk-Treasurer shall deposit funds not later than the business day following the receipt of funds on business days of the depository in depositories designated in this subchapter, according to the following:
(1) All financial institutions located in the corporate boundaries of the town are approved to serve as public depositories of the town as long as the financial institution is also listed as an approved as depository of state funds, and satisfies the provisions of division (A) above; and
(2) Public funds deposited under this subchapter shall be deposited in the same form in which they were received.
(C) Any depository designated under this subchapter may resign as a depository and relinquish all public funds on deposit with the depository. The resignation is effective after 30 days notice in writing to the State Board of Finance and after settlement with the Clerk-Treasurer for all public funds on deposit with the depository.
(Ord. 2009-4, passed 4-14-2009)
§ 33.18 DEPOSIT AND INVESTMENT POWERS.
(A) Except as provided in I.C. 5-13-9-2.5, in addition to any other statutory power to make investments, the Clerk-Treasurer as Fiscal Officer of the town, under the guidelines herein established, and policies that the Fiscal Officer may issue and reduce to writing, may invest any funds held by the Fiscal Officer in accordance with I.C. 5-13-9.
(B) The funds that may be invested under I.C. 5-13-9 and this subchapter include money raised by bonds issued for a future specific purpose, sinking hands, depreciation reserve funds, gift, bequest or endowment, funds described in § 33.16 above, and any other funds available for investment.
(C) Nothing in this subchapter shall be construed to be in derogation of the authority of the Clerk-Treasurer as set forth in I.C. 36-5-6-6.
(Ord. 2009-4, passed 4-14-2009)
§ 33.19 AUTHORIZED INVESTMENTS.
(A) The Clerk-Treasurer as Fiscal Officer of the town may invest or reinvest any funds that are held by the officer and available for investment in any of the following:
(1) Securities backed by the full faith and credit of the United States Treasury or fully guaranteed by the United States and issued by any of the following:
(a) The United States Treasury;
(b) A federal agency;
(c) A federal instrumentality; and
(d) A federal government sponsored enterprise.
(2) Securities fully guaranteed and issued by any of the following:
(a) A federal agency;
(b) A federal instrumentality; and
(c) A federal government sponsored enterprise.
(B) If an investment under division (A)(1) above is made at a cost in excess of the par value of the securities purchased, any premium paid for the securities shall be deducted from the first interest received and returned to the fund from which the investment was purchased, and only the net amount is considered interest income.
(C) The Clerk-Treasurer may sell any securities acquired and may do anything necessary to protect the interests of the funds invested, including the exercise of exchange privileges which may be granted with respect to maturing securities in cases where the new securities offered in exchange meet the requirements for initial investment.
(D) The Clerk-Treasurer is the legal custodian of securities under this subchapter. The Clerk-Treasurer shall accept safekeeping receipts or other reporting for securities from:
(1) A duly designated depository as prescribed in I.C. 5-13; or
(2) A financial institution located either in or out of the state having custody of securities with a combined capital and surplus of at least $10,000,000 according to the last statement of condition filed by the financial institution with its governmental supervisory body.
(E) The Clerk-Treasurer may invest or reinvest funds that are held by the officer and available for investment in investments commonly known as money market mutual funds that are in the form of securities of or interests in an open-end, no-load, management-type investment company or investment trust registered under the provisions of the federal Investment Company Act of 1940, as amended (15 U.S.C. §§ 80a et seq.).
(1) The investments described in this division may not exceed 50% of the funds held by the officer and available for investment.
(2) The investments described in this division shall be made through depositories designated by the State Board of Finance as depositories for state: deposits under I.C. 5-13-9.5.
(3) The portfolio of an investment company or investment trust described in this division must be limited to the following:
(a) Direct obligations of the United States;
(b) Obligations issued by any of the following:
1. A federal agency;
2. A federal instrumentality; or
3. A federal government sponsored enterprise.
(c) Repurchase agreements fully collateralized by obligations described in division (E)(3)(a) or (E)(3)(b) above.
(4) The form of securities of or interests in an investment company or investment trust described in division (E)(3) above must be rated as one of the following:
(a) AAAm, or its equivalent, by Standard and Poor’s Corporation or its successor; or
(b) Aaa, or its equivalent, by Moody’s Investors Service, Inc. or its successor.
(5) The form of securities in an investment company or investment trust described in division (E)(4)(a) above is considered to have a stated final maturity of one day.
(F) The Clerk-Treasurer may enter into, with any funds that are held by the Clerk-Treasurer and available for investment, repurchase agreements:
(1) With depositories designated by the State Board of Finance as depositories for state deposits under I.C. 5-13-9.5; and
(2) Involving the town’s purchase and guaranteed resale of any interest-bearing obligations: issued; or fully insured or guaranteed, by the United States, a United States government agency, an instrumentality of the United States or a federal government sponsored enterprise. The depository shall determine daily that the amount of money in this type of agreement must be fully collateralized by interest-bearing obligations as determined by their current market value. The collateral for this type of agreement is not subject to the provisions of I.C. 5-13-9-2(c).
(a) If the market value of the obligations being held as collateral falls below the level required under this division (F) or a higher level established by agreement, the depository shall deliver additional securities to the town to make the agreement collateralized to the applicable level. The collateral involved in a repurchase agreement entered into under this division (F) is not subject to the maturity limitation provided in I.C. 5-13-9-5.6.
(b) The Clerk-Treasurer may invest in repurchase agreements without entering into a contract under I.C. 5-13-11 for an investment cash management system.
(G) The Clerk-Treasurer may invest or reinvest any funds that are held by the Clerk-Treasurer and available for investment in obligations issued, assumed or guaranteed by the International Bank for Reconstruction and Redevelopment or the African Development Bank.
(H) The Clerk-Treasurer may invest or reinvest any funds that are held by the Clerk-Treasurer and available for investment in participation in loans, pursuant to the provisions of I.C. 5-13-9-3.5.
(I) The Clerk-Treasurer may deposit, invest or reinvest any funds that are held by the Clerk-Treasurer and available for investment in transaction accounts issued or offered by a designated depository of the town for the rates and terms agreed upon periodically by the Clerk-Treasurer and the designated depository.
(J) (1) The Clerk-Treasurer may deposit, invest or reinvest any funds that are held by the officer and available for investment in certificates of deposit issued or offered by a designated depository of the town.
(2) The Clerk-Treasurer making a deposit in a certificate of deposit shall obtain quotes of the specific rates of interest for the term of that certificate of deposit that each designated depository will pay on the certificate of deposit. Quotes may be solicited and taken by telephone. A memorandum of all quotes solicited and taken shall be retained by the Clerk-Treasurer as a public record of the town under I.C. 5-14-3. A deposit made under this division (J) shall be placed in the designated depository quoting the highest rate of interest. If more than one depository submits a quote of the highest interest rate quoted for the investment, the deposit may be placed in any or all of the designated depositories quoting the highest rate in the amount or amounts determined by the Clerk-Treasurer, in the Clerk-Treasurer’s discretion.
(3) If all of the designated depositories of the town decline to issue or receive any deposit account, or to issue or receive the deposit account at a rate of interest equal to the highest rate being offered other investors, investments may be made in the deposit accounts of any financial institution designated for state deposits as a depository by the State Board of Finance under I.C. 5-13-9-5.
(K) The Clerk-Treasurer may invest in certificates of deposit of depositories that are not designated depositories if authorized by ordinance or resolution of the Town Council and pursuant to the provision of I.C. 5-13-9-5.
(L) The Clerk-Treasurer may participate in joint investment funds as authorized in and according to the provisions of I.C. 5-13-9-10.
(Ord. 2009-4, passed 4-14-2009)
§ 33.20 LIMIT TO FINAL MATURITY OF INVESTMENTS.
Except for investments allowed under I.C. 5-13-9-5-6(f) or (g), any investment made under the authority of this subchapter must have a stated final maturity of not more than two years after the date of purchase or entry into a repurchase agreement.
(Ord. 2009-4, passed 4-14-2009)
§ 33.21 DISPOSITION OF INTEREST RECEIVED FROM INVESTMENT.
(A) All interest derived from an investment made under the authority granted by § 33.19(F) above shall be deposited, except as otherwise provided by law, in the General Fund of the town or in any other fund the Town Council designates specifically or by written ordinance, policy or instruction of the Clerk-Treasurer, subject to the modifications and limitations in this section.
(B) Interest from the following investments shall be receipted as follows:
(1) Interest from investments of funds of the town that are traceable to United States government funds must be receipted to the fund of which they are a part, if required by federal law or regulation; and
(2) Interest from investments of funds controlled by court orders must be receipted to that fund unless otherwise designated by the court order.
(C) The Clerk-Treasurer may apply the interest derived from the investment of the proceeds from bonded indebtedness or local tax levies to the appropriate redemption bond interest or sinking fund for the bonded indebtedness, subject to the terms of the relevant bond ordinance or resolution.
(D) If meter deposits of a town-owned utility are invested, the interest earned on the investment may be applied to and used in the Operation or Depreciation Fund of the town utility as determined by the Town Council or by written policy or instruction of the Clerk-Treasurer.
(E) Interest from the investment of the public funds of the town may not be paid personally or for the benefit of any public officer.
(Ord. 2009-4, passed 4-14-2009)
§ 33.22 TREATMENT OF SERVICE CHARGE BY DEPOSITORY.
Any authorized service charge or fee imposed by a public depository must be considered in the computation of the interest rate for determining which depositories are entitled to investments as prescribed by § 33.19(J) and (K) above. If the total service charge cannot be computed before the investment, the Clerk-Treasurer shall estimate the service charge and adjust the interest rate based on this estimate. The service charge may be paid by direct charge to the deposit or other account or in any other manner mutually agreed upon by the Clerk-Treasurer and the depository.
(Ord. 2009-4, passed 4-14-2009)
§ 33.23 PROHIBITED ACTS.
The Clerk-Treasurer may not:
(A) Purchase securities on margin; or
(B) Open a securities margin account for the investment of public funds.
(Ord. 2009-4, passed 4-14-2009)
COST PRINCIPLES FOR SPENDING FEDERAL FUNDS
§ 33.30 IN GENERAL.
This subchapter is adopted and is to be implemented by the Town Clerk-Treasurer and followed by the town and its elected and hired employees.
(Ord. 2023-14, passed 9-26-2023)
§ 33.31 IMPLEMENTATION.
The Clerk-Treasurer is responsible for the efficient and effective administration of grant funds through the application of sound management practices. Such funds shall be administered in a manner consistent with all applicable federal, state, and local laws, the associated agreements/assurances, program objectives and the specific terms and conditions of the grant award.
(Ord. 2023-14, passed 9-26-2023)
§ 33.32 COST PRINCIPLES.
Except where otherwise authorized by statute, costs shall meet the following general criteria to be allowable under federal awards:
(A) (1) Be necessary and reasonable for proper and efficient performance and administration of the federal award and be allocable thereto under these principles.
(2) To be determine whether a cost is reasonable, consideration shall be given to:
(a) Whether a cost is a type generally recognized as ordinary and necessary for the operation of the town or the proper and efficient performance of the federal award;
(b) The restraints or requirements imposed by such factors as sound business practice at arm’s length bargaining, federal, state, local, tribal, and other laws, and regulations;
(c) Market prices for comparable goods or services for the geographic area;
(d) Whether the individuals concerned acted with prudence in the circumstances considering their responsibilities; and
(e) Whether the cost represents any significant deviation from the established practices or policy of the town which may increase the expense.
(3) (a) While federal regulations do not provide specific descriptions of what satisfies the “necessary” element beyond its inclusion in the reasonableness analysis above, whether a cost is necessary is determined based on the needs of the program. Specifically, the expenditure must be necessary to achieve an important program objective. A key aspect in determining whether a cost is necessary is whether the town can demonstrate that the cost addresses an existing need and can prove it.
(b) When determining whether a cost is necessary, consideration may be given to whether:
1. The cost is needed for the proper and efficient performance of the grant program;
2. The cost is identified in the approved budget or application;
3. There is a benefit to the town, or its residents associated with the cost;
4. The cost aligns with identified needs based on results and findings from a needs assessment; and
5. The cost addresses program goals and objectives and is based on program data.
(c) A cost is allocable to the federal award if the goods or services involved are chargeable or assignable to the federal award in accordance with the relative benefit received.
(B) Conform to any limitations or exclusions set forth as cost principles in 2 C.F.R. Part 200 or in the terms and conditions of the federal award.
(C) Be consistent with policies and procedures that apply uniformly to both federally financed and other activities of the town.
(D) Be afforded consistent treatment. A cost cannot be assigned to a federal award as a direct cost if any other cost incurred for the same purpose in like circumstances has been assigned as an indirect cost under another award.
(E) Be determined in accordance with generally accepted accounting principles.
(F) (1) Be representative of actual cost, net of all applicable credits or offsets.
(2) The term APPLICABLE CREDITS refers to those receipts or reductions of expenditures that operate to offset or reduce expense items allocable to the federal award. Typical examples of such transactions are purchase discounts; rebates or allowances; recoveries or indemnities on losses; and adjustment of overpayments or erroneous charges. To the extent that such credits accruing to or received by the state relate to the federal award, they shall be credited to the federal award, either as a cost reduction or a cash refund, as appropriate.
(G) Not be included as a match or cost-share unless the specific federal program authorized federal cost to be treated as such.
(H) Be adequately documented:
(1) In the case of personal services, the Clerk-Treasurer shall implement a system for town personnel to account for time and efforts expended on grant funded programs to assure that only permissible personnel expenses are allocated;
(2) In the case of other costs, all receipts and other invoice materials shall be retained, along with any documentation identifying the need and purpose for such expenditure if not otherwise clear.
(Ord. 2023-14, passed 9-26-2023)
§ 33.33 SELECTED ITEMS OF COST.
(A) The town shall follow the rules for selected items of cost at 2 C.F.R. Part 200, Subpart E when charging these specific expenditures to a federal grant.
(B) When applicable, town staff shall check cost against the selected items of cost requirements to ensure cost is allowable, In addition, state, city, town, and program-specific rules, including the terms and conditions of the award, may deem a cost as unallowable, and town personnel shall follow those rules as well.
(Ord. 2023-14, passed 9-26-2023)
§ 33.34 COST COMPLIANCE.
The Clerk-Treasurer shall require that grant program funds are expended and are accounted for consistent with the requirements of the specific program and as identified in the grant application. Compliance monitoring includes accounting for direct or indirect cost and reporting them as permitted or required by each grant.
(Ord. 2023-14, passed 9-26-2023)
§ 33.35 DETERMINATION OF DIRECT/INDIRECT COST BY CLERK-TREASURER.
(A) Direct costs.
(1) DIRECT COSTS are those costs that can be identified specifically with a particular final cost objective, such as a federal award, or other internally or externally funded activity, or that can be directly assigned to such activities relatively easily with a high degree of accuracy.
(2) These costs may include salaries and fringe benefits of employees working directly on a grant-funded project; purchased services contracted for performance under the grant; travel of employees working directly on a grant-funded project; materials, supplies, and equipment purchased for use on a specific grant; and infrastructure cost directly attributable to the program (such as long-distance telephone calls specific to the program, and the like).
(B) Indirect costs.
(1) INDIRECT COSTS are those that have been incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the cost objectives specifically benefitted without effort disproportionate to the results achieved. Costs incurred for the same purpose in like circumstance shall be treated consistently as either direct or indirect costs.
(2) These costs may include general data processing, human resources, utility costs maintenance, accounting, and the like.
(3) Federal education programs with supplement not supplant provisions must use a restricted indirect cost rate. In a restricted rate, costs are limited to general managements costs. General management costs do not include divisional administration that is limited to one component of the town, the Town Council, compensation for the Clerk-Treasurer, and operation of the immediate offices of these officers.
(4) The salaries of administrative and clerical staff normally should be treated as indirect costs. Direct charging of these costs may be appropriate only if all the following conditions are met:
(a) Administrative or clerical services are integral to a project or activity.
(b) Individuals involved can be specifically identified with the project or activity.
(c) Such costs are explicitly included in the budget or have the prior written approval of the federal awarding agency.
(d) The costs are also not recovered as indirect costs.
(C) Where a federal program has a specific cap on the percentage of administrative costs that may be charged to a grant, that cap shall include all direct administrative charges as well as any recovered indirect charges.
(D) Effort should be given to identify costs as direct costs whenever practical, but allocation of indirect costs may be used where not prohibited and where indirect cost allocation is approved ahead of time by the Indiana State Board of Accounts or the pass-through entity (federal funds subject to 2 C.F.R. Part 200 pertaining to determining indirect cost allocation).
(Ord. 2023-14, passed 9-26-2023)
§ 33.36 TIMELY OBLIGATION OF FUNDS.
(A) Obligations are orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by a non-federal entity during the same or a future period.
(B) The following table illustrates when funds are determined to be obligated under any federal agency regulations:
(C) If obligation is for:
(1) Acquisition of property - on the date which the Town Council makes a binding written commitment to acquire the property.
(2) Personal services by an employee of the town - when the service is performed.
(3) Personal services by a contractor who is not an employee of the town - on the date which the town makes a binding written commitment to obtain the services.
(4) Public utility services - when the town receives the services.
(5) Travel - when travel is taken.
(6) Rental of property - when the town uses the property.
(7) A pre-agreement cost that was properly approved by the Secretary under the cost principles in 2 C.F.R. Part 200, Subpart E - Cost Principles - on the first day of the project period.
(Ord. 2023-14, passed 9-26-2023)
§ 33.37 PERIOD OF PERFORMANCE.
(A) All obligations must occur on or between the beginning and ending dates of the grant project. This period of time is known as the period of performance. The period of performance is dictated by statute and will be indicated in the grant award notification (“GAN”). As a general rule, state-administered federal funds are available of obligation within the year that Congress appropriates the funds for. However, given the unique nature of educational institutions, for many federal education grants, the period of performance is 27 months. This maximum period includes a 15-month period of initial availability, plus a 12-month period of carryover. For direct grants, the period of performance is generally identified in the GAN.
(B) In the case of a state-administered grant, obligations under a grant may not be made until the grant funding period begins or all necessary materials are submitted to the granting agency, whichever is later. In the case of a direct grant, obligations may begin when the grant is approved, unless an agreement exists with the State Board of Accounts or the pass-through the entity to reimburse for pre-approval expenses.
(C) For both state-administered and direct grants, regardless of the period availability, the town shall liquidate all obligations incurred under the award not later than 90 days after the end of the funding period unless an extension is authorized. Any funds not obligated within the period of performance or liquidated within the appropriate timeframe are said to lapse and shall be returned to the awarding agency. Consequently, the town shall closely monitor grant spending throughout the grant cycle.
(Ord. 2023-14, passed 9-26-2023)
§ 33.38 VALIDITY.
This subchapter is and shall be valid upon adoption and publication as required by law and shall remain valid indefinitely.
(Ord. 2023-14, passed 9-26-2023)
CHAPTER 34: TOWN POLICIES
Section
Take-Home Vehicle Policy for Non-Police Employees
34.01 General policy
34.02 Specific requirements
Disposal of Personal Property
34.15 Purpose and incorporation
34.16 Disposition methods
TAKE HOME VEHICLE POLICY FOR NON-POLICE EMPLOYEES1
Use of vehicles - including Town-owned Take-Home Vehicles - by Police Department employees is governed by separate, Department-specific guidelines and instructions.
§ 34.01 GENERAL POLICY.
Employees may, upon specific written direction or approval of the Town Council of the Town of Bargersville (the "town"), be assigned a town-owned vehicle that can be taken to and from the employee's home ("take"home vehicle"). A take-home vehicle is a privilege determined at the Town Council's sole discretion, and, as such, no employee is entitled to a take-home vehicle as part of employment with the town. These vehicles represent a significant investment of capital and trust by the town and should always be used and maintained with efficiency, cost, and the public trust in mind. Take-home vehicles are, at all times, the sole and exclusive property of the town, and there is no expectation of privacy while using, controlling, maintaining, or occupying them. Take-home vehicles may be entered, inventoried, towed, examined or searched at any time at the direction of the employee's supervisor, Town Manager, or the Town Council. All employees authorized to have a take-home vehicle are expected to follow the requirements of this policy.
(Ord. 2019-06, passed 2-25-2020)
§ 34.02 SPECIFIC REQUIREMENTS.
(A) For an employee that is assigned a take-home vehicle, no personal usage of the take- home vehicle, other than commuting, or de minimis personal use (i.e., a stop for personal errands on the way between a business-related stop and home) shall be permitted.
(B) Any employee assigned a take-home vehicle is required to commute in the vehicle except in exceptional, emergency circumstances or as permitted in advance by the Town Council.
(C) (1) Vehicles may be operated only by town employees who:
(a) Possess a current, valid Indiana operator's license appropriate for the vehicle;
(b) Carry personal insurance in amounts acceptable to the town (regardless of whether or to what extent the town's insurance may cover activities involving the town vehicle); and
(c) Meet any recommendations made by the town's insurance carrier.
(2) Employees must provide documentation confirming their license and insurance status upon first receiving a take-home vehicle and periodically thereafter upon request by the Town Council (or its designee).
(D) Employees must never operate a take-home vehicle under the influence of illegal drugs or alcohol and must comply at all times with applicable town policies, including without limitation the:
(1) Drug-Free/Alcohol-Free Workplace policy;
(2) Electronic communication systems (particularly the provisions governing GPS Data);
(3) Duty to report arrests, convictions and guilty pleas;
(4) Searches;
(5) Equipment use (particularly the Vehicle Use Policies subsection); and
(6) Schedules (particularly the provisions governing on-call schedules).
(E) (1) Employees shall not transport or permit as passengers in a take-home vehicle any persons other than:
(a) A town employee conducting business on behalf of the town.
(b) A contractor conducting business on behalf of the town
(2) Any exceptions to this passenger provision must be approved in advance by the Clerk-Treasurer or Town Manager. These passenger limitations and conditions apply regardless of whether the vehicle is being used for personal or town business.
(F) (1) Employees and authorized passengers are expected to observe all traffic laws and regulations, including Seatbelt usage and phone/device usage limits, while operating a take-home vehicle. Current Indiana law forbids texting/e-mailing while driving, and the town's policies impose further restrictions (specifically, cell phones and other electronic devices are not to be used while the vehicle is in motion except with, properly functioning and properly utilized hands-free accessories). See Employee Handbook, Equipment Use Policy (Vehicle Use subsection).
(2) Employees will be responsible personally for paying any tickets or citations received while operating a take-home vehicle, regardless of whether the vehicle was being used for personal or town business.
(G) All take-home vehicle incidents involving personal injury or property damage (to the take-home vehicle or any other property of the town or any other person) must be reported immediately in accordance with the "Accidents" policy. Employees involved in such incidents must promptly provide to the Clerk-Treasurer copies of any accident reports, citations, or other documents related to an incident.
(H) Employees will not operate or park their vehicles in such a way as to cause public criticism or nuisance.
(I) Employees are expressly prohibited from making any cosmetic or mechanical modifications to any take-home vehicle without approval of the Town Council. The town is at all times authorized to remove any or all modifications and is not responsible or liable for any costs or damage to non-town property associated with such removal. Employees may not affix or display stickers, decals, or emblems (other than the town logo), stuffed animals, toys, or other decorations on any take-home vehicle without permission from the Town Council.
(J) Unattended take-home vehicles are to be legally parked and locked at all times, except in emergency circumstances. Employees shall not leave sensitive information or public documents (other than reference material) in the vehicle while off duty.
(K) Employees provided a take-home vehicle are responsible for maintaining the vehicle's interior and exterior in clean condition and ensuring the vehicle receives preventative maintenance as scheduled. Vehicles must have preventative maintenance performed as directed by the Town Council and should be serviced, fueled, and washed during on-duty time. Unscheduled maintenance or repairs must be coordinated with the Town Council. All maintenance or repair is subject to existing town ordinances and policies related to spending limits/authorizations/approvals, and all documentation related to any maintenance or repair must be promptly submitted to the Clerk-Treasurer.
(L) Employees are responsible for maintaining securely and in good condition any town equipment or property stored or carried in a take-home vehicle, whether inside a cabin or other enclosure or in a truck bed. All items stored or carried in or on the vehicle must be visually checked weekly for signs of moisture, rust, corrosion, or other concern.
(M) The assignment of a take-home vehicle is considered by the Internal Revenue Service as a taxable fringe benefit that requires compliance with Internal Revenue Service Tax Code. Any permitted personal use must be logged accurately and submitted monthly to Clerk-Treasurer. The town will calculate and attribute personal use for purposes of inclusion in the employee’s W-2 in accordance with the guidance of the town’s financial/tax advisors. The town does not give tax advice to any employee and all employees remain at all times responsible individually for their own tax reporting and circumstances.
(N) Violations of this policy may result in revocation of take-home vehicle privileges as well as additional disciplinary action, up to and including termination of employment.
(A) The Indiana Code provides for the sale or disposition of personal (and/or surplus property). The authority under the Indiana Code is found at I.C. 5-22-22 et seq. The town hereby incorporates I.C. 5-22-22 et seq. as in effect at the time of the adoption of this Ordiance and as it may be in effect in the future. The procedures outlined in this policy are meant to supplement I.C. 5-22-22 et seq. and serve as the basic guidelines for the disposal of the Town of Bargersville's personal property. Personal property may also be referred to as surplus property as in the I.C. 5-22-22 et seq.
(B) This policy applies to all town employees and has been developed to provide guidance for employees on the disposal and/or redistribution of town personal property. The goals of the chapter are as follows:
(1) To ensure that the town receives the greatest possible return for its property;
(2) To ensure that personal property is used, wherever possible, across multiple departments within the town as the usage throughout multiple town departments is the most efficient and economical use of personal property and should always be considered as the first option.
(3) To ensure that the decision to dispose of town personal property and the method of disposal shall not be the responsibility of a single person.
(Ord. 2020-02, passed 3-10-2020)
§ 34.16 DISPOSITION METHODS.
(A) Regardless of the disposition method chosen pursuant to the Indiana Code, the first step is to obtain authorization from the Town Council. Either the Town Manager or Utility Administrator or Chief of Police shall submit a written request along with the Authorization for Disposal of Surplus Items to the Town Council for approval.
(B) Scrap/worthless property.
(1) Indiana Code 5-22-22-8 covers the disposition of scrap/worthless property. In addition to the requirements of the Indiana Code, the town requires a photo(s) of the item(s) to be scrapped and a short memo justifying the disposal of the personal property as scrap/worthless property.
(2) Upon approval by the Town Council to dispose of the worthless/scrap property the property may be demolish/junked. No money may be accepted for the property and property may not be given to town employees or the public. The worthless/scrap property must be disposed of within 30 days from approval by the Town Council.
(C) Recycle/salvage. Indiana Code 5-22-22-7 provides for recycling of surplus property. Property that is unusable but has some residual market value and can be recycled may be sold directly to an authorized recycle or salvage business. In addition to the requirements of the Indiana Code the town requires a photo(s) of the item(s) to be recycled and a short memo justifying the recycling/salvaging. The property must be recycled/salvaged within 30 days of approval from the Town Council. The proceeds must deposited within the Clerk-Treasurer's Office of the Town of Bargersville and a receipt must also be provided. The receipt should indicate the date and amount of the sale.
(D) Trade-In. Indiana Code 5-22-22-6 provides for the trade-in of surplus property. In addition to the requirements of I.C. 5-22-22-6 the town requires the following:
(1) Original purchase documentation for the purchase of the property;
(2) An official quote from the vendor reflecting the quoted price; and
(3) Quote reflecting the trade-in-value and the difference between the trade-in value and the quoted price for the new property.
(E) Sales or transfers to other local governmental entities/municipalities. Indiana Code 5-22-22-10 provides for the sale or transfer of town property to other local governmental entities/municipalities. The requirements of the I.C. 5-22-22-10 are incorporated into this policy. Governmental entities may exchange property upon terms and conditions agreed upon and evidenced by the adoption of similar matching resolutions of each governmental entity. The resolution must include the name of the receiving entity and description of the property.
(F) Sales to the public. Indiana Code 5-22-22-4, 4.5, 4.7, 5, and 6 provide for the sale of surplus sale to the general public in a variety of manners. The relevant sections of the Indiana Code should be referenced for procedures before proceeding with a public sale.
(G) Disposal of computer hardware and equipment. Prior to the disposal of town computer equipment and storage devices all information contained on the computer equipment and storage devices must be removed. Prior to disposal of town computer equipment and storage devices all such equipment shall be delivered to the Town IT Coordinator who shall ensure that all such equipment is wiped clean.
(Ord. 2020-09, passed 3-10-2020)
TITLE V: PUBLIC WORKS
Chapter
50. GENERAL PROVISIONS
51. GARBAGE, TRASH AND RUBBISH
52. GENERAL WATER PROVISIONS
53. SEWAGE SYSTEM
54. ELECTRIC UTILITY
55. STORM WATER MANAGEMENT
CHAPTER 50: GENERAL PROVISIONS
Section
General Provisions
50.01 Reserved
50.02 Fees for various utility matters
50.03 Non-recurring utility charges
50.04 Utility refund policy
50.05 Bargersville utility equipment on the customer’s premises
Customer Rights and Responsibilities
50.20 Introduction
50.21 Application for service
50.22 Deposits
50.23 Customer billing
50.24 Estimated bills
50.25 Disconnection of service
50.26 Reconnection of service
50.27 Returned checks/ACH bank drafts
50.28 Complaints
50.29 Electric and water service specifications
50.30 Customer owned facilities
50.31 Bargersville utility equipment on the customer’s premises
GENERAL PROVISIONS
§ 50.01 RESERVED.
§ 50.02 FEES FOR VARIOUS UTILITY MATTERS.
(A) Fees are hereby established for the electric utility, storm water utility, wastewater utility and water utility, as set forth below.
(1)Town electric utility.
(a) The following review fee will be collected when the developer submits an agreement for utility review for commercial and/or subdivisions:
Electrical preparation and design: $520.
Preparation and design of the electrical distribution system layout of facilities for development by town’s electrical engineer. The preparation and design fee of $520 is for four hours. Projects requiring more than four hours of preparation and design due to their complexity shall be assessed additional preparation and design fees at the rate of $130 per hour.
(b) The developer is responsible for paying 100% of the total materials and installation of the project. An agreement must be signed before any construction or installation can begin.
(2) Town storm water utility.
(a) The following review fees will be collected when the developer submits the application for drainage review for commercial and/or subdivisions:
Preliminary drainage review for primary plat
$130
Final drainage review
$520
Plot plan drainage review
$50
(b) The preliminary drainage review fee of $130 is for one hour of review of drainage plans and calculations. Projects requiring more than one hour of preliminary drainage review, due to their complexity and/or deficiency in design or submittal, shall be assessed additional preliminary drainage review fees at the rate of $130 per hour.
(c) The final drainage review fee of $520 is for four hours of review of erosion control plans, drainage plans and calculations. Projects requiring more than four hours of final drainage review, due to their complexity and/or deficiency in design or submittal, shall be assessed additional final drainage review fees at the rate of $130 per hour.
(d) The plot plan drainage review fee will be collected when a builder submits the application for drainage approval for single and double family dwelling.
(e) Specific requirements for this procedure can be found in the Department of Storm Water Management’s Drainage Manual, which can be downloaded from the storm water page of the town’s website at www.townofbargersville.org, or in paper form by contacting the utility office.
(3)Town wastewater utility. The following review fees will be collected when the developer submits construction plans for commercial and/or subdivisions:
Construction plan engineering review fee for developments with sewer main line extension and 15-year law engineering review fee
$520*
*
The review fee of $520 is for four hours of review. Projects requiring more than four hours of review, due to their complexity and/or deficiency in design or submittal, shall be assessed additional review fees at the rate of $130 per hour.
Legal review, preparation of sewer service agreement (SSA), easements and/or other documents
$600
Recording fees
$75
Sewer inspection fee
hourly
(4) Town water utility. The following review fee will be collected when the developer submits construction plans for commercial and/or subdivisions:
Construction plan engineering review fee: $520.
The review fee of $520 is for four hours of review. Projects requiring more than four hours of review, due to their complexity and/or deficiency in design or submittal, shall be assessed additional review fees at the rate of $130 per hour.
(B) (1) Utility review fees form for an agreement between the developer/contractor and the town, Exhibit E to Ordinance 2014-28, incorporated by reference as if set forth in full herein. Copies can be obtained by contacting the utility office.
(2) Inspection services form for an agreement between the developer/contractor and the town, Exhibit F to Ordinance 2014-28, incorporated by reference as if set forth in full herein. Copies can be obtained by contacting the utility office.
(C) The Town Council reserves the right to implement additional fees, to increase fees and/or to otherwise amend or repeal this section at any time and from time to time.
(D) All fees must be paid in full prior to construction.
(E) Final plats regarding various utility matters will be accepted once all fees, appropriate financial guarantees, transfer of ownership and as-builts for completed utilities and all legal documents have been submitted. Developer will be required to post a three-year financial guarantee for 25% of the total project cost at the time of transfer of ownership, and prior to the final acceptance by the town.
(A) The town water utility will have non-recurring charges as follows:
Description of Charge
Charge
Description of Charge
Charge
5/8 or 3/4 connection or tap-on
$550
1-inch connection or tap-on (cost of labor and materials, but not less than)
$875
Deposit: residential customer
$100
Deposit: commercial customer - non-residential (average of three previous months’ use for same or similar business)
Variable
Deposit: commercial customer - residential
$100
Late payment penalty (10% of first $3, then 3% on the balance)
Variable
Administration fee: charged if payment is not received by 3:30 p.m. on the avoid-disconnect date
$50
Returned check/bank draft ACH charge
$35
Meter tampering fee. This fee is in addition to all other applicable charges including, but not limited to labor, materials, equipment, repairs and replacement costs
$150
Meter test charge
$80
Hydrant meter deposit
$2,200
(B) The town electric utility will have non-recurring charges as follows:
Description of Charge
Charge
Description of Charge
Charge
Deposit: residential customer (two times the average rolling 12-month period)
Variable
Deposit: commercial customer - non-residential (two times the average rolling 12-month period)
Variable
Deposit: commercial customer - residential property (two times the average rolling 12-month period)
Variable
Late payment penalty (10% of first $3, then 3% on the balance)
Variable
Administration fee: charged if payment is not received by 3:30 p.m. on the avoid-disconnect date
$50
Returned check/bank draft ACH charge
$35
Meter test charge
$80
Transformer service fee: if disconnect or reconnect must occur at the transformer (versus at meter); applies regardless of whether due to non-payment or per customer request
$150
Meter tampering fee. This fee is in addition to all other applicable charges including but not limited to labor, materials, equipment, repairs and replacement costs
$150
Non-emergency after-hours service calls
One worker: $225 Two Workers: $425
(C) All administration charges, other charges and utility bills shall be paid at the Town Hall. Under no circumstances will utility employees collect the administration fee, other charges or past due bills from customers at any place other than the Town Hall.
(A) Any utility refund under $5 will be deposited into the Town General Fund.
(B) The REFUND is any balance due to the customer once services have been closed out and any amount due on that account has been satisfied by their utility account.
(Ord. 2012-12, passed 6-6-2012)
§ 50.05 BARGERSVILLE UTILITY EQUIPMENT ON THE CUSTOMER'S PREMISES.
(A) The customer shall furnish the utility a satisfactory location for and provide safe access to the utility's meters and other equipment necessary to provide and measure service, and shall also furnish the utility the rights on, over or under the customer's premises necessary to install, operate and maintain the utility's other facilities required to supply service to the customer. The utility reserves the right to make the final decision as to the location of the meter on the customer's premises.
(B) When the customer is not the owner of the premises and/or of the adjacent premises, the customer shall furnish the utility with satisfactory easements for the location of the utility's facilities on the premises and/or on the adjacent premises. The customer must consult with the utility prior to obtaining the easements.
(C) When the utility's transformers, meters or other facilities are to be installed indoors on the customer's premises, the customer shall furnish, without cost to the utility, suitable room or vault for housing the equipment; provided, however, that the utility shall reserve the right to make the final decision as to the location of the room or vault. The space shall meet the requirements of the National Electrical Code, any Federal, state or local laws or regulations, and any policies of the utility in effect at the time of the installation.
(D) At its sole option, the utility may change the location of any or all of its facilities upon request of the customer, provided that:
(1) The change will not interfere with or jeopardize the utility's service either to the customer requesting the change or to other customers of the utility, and the customer may be required to bear the expense of the change.
(2) The customer shall provide reasonable protection from loss or damage to the utility property and may be liable to the utility in the event of loss or damage caused by the negligence of the customer or any agent or employee of the customer.
(E) The customer shall not disconnect, change connections, damage, destroy, uncover or otherwise interfere with the utility's meters or other property, and shall be responsible to the utility for permitting anyone who is not an agent or employee of the utility to tamper with the utility's property. Violations of this provision will result in:
(1) A disconnection of service;
(2) A reconnection charge;
(3) Charges for the cost of repairing or replacing the affected meter(s); and
(4) The filing of a police report pursuant to the rights and responsibilities of customers of bargersville utilities, in accordance with the non-recurring utility charges set out in Bargersville Code § 50.03 and in accordance with applicable Indiana state statutes and regulations.
(F) All facilities installed by the utility shall be and remain the property of the utility unless a contract expressly otherwise provides, and utility shall operate and maintain its property.
(G) Properly authorized employees or agents of the utility shall have the right and the means to enter upon the customer's premises at all reasonable times for the purpose of meter reading, inspecting, testing, maintaining, operating or replacing any or all of the utility's property used in supplying any service to the customer.
(H) Upon termination of a contract or discontinuance of service, the utility shall have the right to remove all of its property from the customer's premises.
(Ord. 2018-25, passed 9-11-2018)
CUSTOMER RIGHTS AND RESPONSIBILITIES
§ 50.20 INTRODUCTION.
This pamphlet explains your rights and responsibilities as a customer of Bargersville utilities (utility). It is provided to all new utility customers. We hope you find it helpful. We suggest that you keep it readily available for future reference. If you have any questions or need additional information regarding our services, please contact the utility office. You may reach us at 317-422-5115 or 317-422-3160 or online at Town of Bargersville website - www.townofbargersville.org. Our main office is located at 24 N Main Street, Bargersville, Indiana.
Each applicant for electric, water, sewer and/or storm water service will be required to complete and sign the appropriate application form; forms are located on the Town of Bargersville website and can be filled out online. Forms can also be obtained at the main office. The application is considered an agreement to abide by all ordinances, rules, regulations, and conditions applying to electric, water, sewer and/or storm water service with every person, firm, organization, corporation, or other entities supplied with utility service from the Town of Bargersville. Every applicant is considered to have consented to be bound by this agreement.
(A) We require identification from all individuals applying for our service. Forms of identification required for service are:
(1) Social security number.
(2) Driver's license or other form of government issued identification.
(3) Applicants, who are renters, must provide a copy of the lease agreement to verify the individual(s) responsible for service.
(B) The owner (mortgage co., realty co., or rental owner) of vacant property shall fill out the application for commercial service - landlord which states whether services are to be left on in the owners' name or to be turned off until the property is sold, or the vacancy is filled. If the services are left on, the owner agrees to be charged all fees including usage until the property is sold or the vacancy is filled. It is the owners' responsibility, upon selling the property or filling the vacancy, to notify the utility to transfer service(s) to the new owner or tenant. If the vacancy is filled, it is also the tenant's responsibility to notify the utility to begin service with their information.
(C) Home builders shall fill out the new builder agreement application.
(D) To request connection for service(s) please apply online. You may also contact the utility directly. The utility must be notified at least three business days in advance of the desired connection date.
(A) Residential customers are customers who will reside within the residence.
(1) Meter deposits may be required for individuals applying for residential electric and/or water service with the utility; determination is made based on a soft credit check. If required, the deposit(s) will be billed on the first month's bill.
(2) Meter deposit fees are as follows:
(a) Electric deposit - based on average of previous 12 months of usage with a $200 maximum.
(b) Water deposit: $100.
(B) Commercial customers are all customers which are not residential customers.
(1) Commercial customers shall make meter deposits based on the average of three previous months' usage of customers operating the same or similar businesses; except for customers as provided in division (B)(2) below. Call the main office for the deposit amounts. Deposits will be billed on the first month's bill.
(2) Properties owned by the following commercial entities or individuals shall pay meter deposits at the residential rate:
(a) Mortgage/realty companies.
(b) Rental property owners.
(C) Meter deposit refunds. Upon termination of utility services, the meter deposit shall be applied to any unpaid utility bills. The balance of the meter deposits remaining, if any, shall be refunded to the customer. To receive a refund, the customer is responsible for providing the utility with a forwarding address and other updated contact information within one year of termination. The person requesting the refund of a meter deposit is required to show proof of entitlement to the refund. If the customer does not request a refund within one year of termination the deposit shall be referred to Indiana Unclaimed.
(D) Use of meter deposit by utility. The utility may apply a meter deposit to a customer's past due balance or any other fees due to the utility.
A bill for utility services will be mailed each month; a billing month consists of approximately 30 days. Utility service(s) are based on the number of kWh and/or gallons used that register through the meter(s) for electric, and water; sewer is billed based on number of gallons of water used; storm water and fire protection surcharge is a flat rate fee each. If a customer does not have water service with Bargersville, but does have connection to the sewer service, a flat monthly fee applies. Contact the utility for more information on this fee. The bill will be mailed on the last business day of each month. Bills are due on the fifteenth of the next month; if the due date falls on a weekend or holiday the bills will be due the next business day after the fifteenth. A penalty will be added to any bill that has not been paid on or before the due date. To avoid a penalty, payments must be received by the end of the business day (4:30 p.m. EST) on the due date.
(A) Payments can be made using cash, check, money order, credit card (VISA, MasterCard, Discover), eCheck online, or by ACH (bank draft). Payments will be accepted:
(1) At the utility offices during office hours (7:30 a.m. to 4:30 p.m.).
(2) Through the night drop box (checks/money order only, for your security) located on the north side of the main office building.
(6) Automatic bank draft (ACH); enrollment is processed online - contact the utility office for instructions.
(B) Payment arrangements and extensions, based on your payment history, may be possible. Contact the utility office for questions about arrangements, extensions or for contact information about utility assistance programs.
(C) Customer(s) requesting a seasonal utility service(s) suspension will continue to be billed the monthly facility fees, (example: customer travels to another state for winter).
(D) Copies of the utility's schedules of rates, general rules and regulations of service are available online. Contact the utility office, in advance, to request a paper copy to be printed for pick up.
Customer meters are read each month. Exceptions, such as inclement weather, locked gates/doors, etc., can occur that result in missed meter readings. If/when a meter reading is missed, a bill is issued and sent to the customer based on an estimated amount of kWh and/or gallons used during that billing period. Bills based on an estimated amount are clearly marked with an "E" which stands for "estimated". If the actual usage is higher or lower than the amount shown on an estimated bill, the difference will be reflected on the first bill after an actual meter reading is obtained.
(A) At the customer's request. To request disconnection of your service(s) please notify the utility at least three business days in advance of your requested termination date (the last day your service will be used). We will disconnect your service within three working days after the requested date. You are responsible for all service(s) used and payment for service(s) until the meter(s) has been disconnected; you will not be held responsible for any service(s) used after three business days from the requested termination date. If a landlord requests disconnection, the landlord must provide proof that is satisfactory to the utility that the property is vacant.
(B) Under emergency conditions. We may disconnect your service without giving advance notice and/or without any request by you under the following conditions:
(1) If a condition considered dangerous or hazardous to life, physical safety or property exists.
(2) Upon order by any court or other duly authorized public authority.
(3) Water main leak or a service line leak.
(C) Under conditions relating to unauthorized use and/or equipment tampering. We shall disconnect your service without notice and without any request by you under the following conditions:
(1) If fraudulent or unauthorized use of service is detected and the utility has reasonable grounds to believe the affected customer is responsible for such use.
(2) If the utility's regulating or measuring equipment has been tampered with and the utility has reasonable grounds to believe that the affected customer is responsible for such tampering.
(3) The utility may also file a report with the police regarding the unauthorized use and/or equipment tampering.
(D) Under standard business operations.
(1) We may disconnect your service after giving advance notice under the following conditions:
(a) If nonpayment of a bill or a violation of any ordinance, rule, regulation, or condition of service has occurred.
(b) If a customer is operating equipment, apparatus, etc. that is found to be causing utility service interference.
(2) The customer will be required to discontinue the use of such equipment to eliminate the utility service interference. Failure or refusal to comply with the above shall be sufficient cause to discontinue service. In such case, the service shall not be reconnected until the utility is assured that the utility service interference creating device(s) has been corrected or eliminated.
(E) Medical statement(s). The utility shall postpone the disconnection of service for ten business days if:
(1) Prior to the disconnect date specified in the notice, the customer provides the utility with a medical statement from a licensed physician or public health official.
(a) The statement must certify that disconnection would be a serious and immediate threat to the health or safety of a designated person in the household of the customer. A medical statement form can be obtained online or at the utility office.
(b) The medical statement does not relieve the customer of the responsibility for paying all amounts due for utility service(s) on the bill each month.
(2) Utility customers with continual serious or life-threatening issues should file a medical statement, from a licensed physician or public health official, with the utility office. The customer is required to file an annual renewal of a continual medical statement.
(F) Disconnection of customers receiving assistance under I.C. 4-4-33. Notwithstanding any other provision of law, from December 1 through March 15 of each year, no electric or gas utility shall be disconnected for customers who are eligible for and who have applied for assistance from a heating assistance program administered under I.C. 4-4-33.
(1) The customer must furnish the utility with written proof of promised assistance to avoid disconnection. Promised assistance does not relieve the customer of the responsibility for paying the remaining amount due on the utility service(s) bill each month. Utilities other than electric or gas may be disconnected for non-payment of utility bills. Call the utility office for:
(a) Contact information on utility assistance programs.
(b) Amounts due after receiving promised assistance.
(c) Payment arrangements to assist in paying the remaining amount due; see § 50.23(B) - Customer Billing.
(2) This section shall not preclude the utility from disconnecting the electric or gas utility for the reasons as outlined in (B)(1) and (2) and (C)(1) and (2) of this section.
(G) Disconnection due to returned checks/ACH bank drafts. If a customer's ACH bank draft or check payment is returned, the utility office will notify the customer by telephone and email (if available), if the returned check/ACH bank draft is not paid by 12:00 p.m. (noon) on the next business day the utility service(s) will be disconnected.
(H) Disconnection due to non-payment. Before utility service is disconnected for non-payment or insufficient payment:
(1) A late notice letter, with the avoid disconnect date, will be mailed to the customer. The notice will include the amount due and information about filing a written request for a disconnect protest hearing, refer to division (I).
(2) A second notice with an avoid disconnect amount and date will be included on the customer's most current bill. The bill will show the total amount due for the current month and the past due amount. The current month and past due amount must be received no later than 4:30 p.m. (EST) on the avoid disconnect date. If the current month and past due amount is received after 4:30 p.m. (EST) a $50 administration fee will be applied.
(I) Disconnect protest hearing. The customer(s) will have the opportunity to present their case and to challenge their disconnection of service(s) in a disconnect protest hearing.
(1) The customer must request the hearing a minimum of five business days before the avoid disconnect date noted on the late notice that is sent the day after the due date of the bill if the bill is not paid. Hearing request forms can be obtained online at the Town of Bargersville website. Disconnect hearing requests must be submitted in writing; oral requests for a hearing will not be accepted.
(2) Service(s) will be disconnected for non-payment if:
(a) A request for a disconnect protest hearing has not been submitted in writing to the utility office a minimum of five business days before the avoid disconnect date; or
(b) The past due amount is not paid by 4:30 p.m. (EST) of the avoid disconnect date.
(A) If utility service has been disconnected for nonpayment, the following will be required before service is reconnected:
(1) Payment of all bills owed (past due amount and current).
(2) Payment of the $50 administration fee and any other charges (including bad check charges, if applicable, see § 50.27 returned checks/ACH bank drafts).
(B) We will restore service within one business day after all requirements for the reconnection of services are met. Reconnection will be performed only during office hours. There will be no after-hours reconnection.
(A) The customer will be charged a fee(s) to cover the costs of processing:
(1) Thirty-five dollars returned check/ACH draft charge will be applied to all returned check/ACH bank drafts.
(B) Cash, money order and credit cards are the only payment types accepted for repayment of returned checks/bank draft ACH.
(1) If the utility receives two returned checks/bank draft ACHs within a six-month period the utility will accept only cash or money order for next 12 months.
A customer may register a complaint and request a conference to discuss issues pertaining to any utility service; except for service disconnection. The complaint must be made in writing and submitted at the main office. We will investigate your complaint and notify you in writing of our proposed disposition of the matter. No service will be disconnected for at least ten business days after the utility has mailed this notice of disposition.
§ 50.29 ELECTRIC AND WATER SERVICE SPECIFICATIONS.
All specifications on electric and water services for the utility customers are available at the main utility office and online at the Town of Bargersville website.
(A) Any relocation of utility-owned facilities, including the meters on your premises or elsewhere for your convenience, will be at your expense.
(B) Backflow systems are required for irrigation and some commercial water customers; annual inspection certifications must be completed and submitted to Bargersville utilities per state regulations (327 IAC 8-10), For questions and information contact the utility office at (317)-422-5115.
The customer (not the utility) is the owner of part of the facilities used to supply utility services. The utility is not responsible for the inspection, maintenance and/or repair of customer owned facilities. The customer owns the following facilities:
(A) Electric: between the meter base and the house/business.
(B) Water: between the outside of the meter pit and the house/business.
(C) Sanitary sewer: between connection point of the main and the house/business.
§ 50.31 BARGERSVILLE UTILITY EQUIPMENT ON THE CUSTOMER'S PREMISES.
All facilities installed by the utility shall be and remain the property of the utility unless a contract expressly otherwise provides.
(A) Access to equipment.
(1) The customer shall furnish the utility a satisfactory location for and provide safe access to the utility's meters and other equipment necessary to provide and measure service, and shall also furnish the utility the rights on, over or under the customer's premises necessary to install, operate and maintain the utility's other facilities required to supply service to the customer. The utility reserves the right to make the final decision as to the location of the meter on the customer's premises.
(2) When the customer is not the owner of the premises and/or of the adjacent premises, the customer shall furnish the utility with satisfactory easements for the location of the utility's facilities on the premises and/or on the adjacent premises. The customer must consult with the utility prior to obtaining the easements.
(3) When the utility's transformers, meters or other facilities are to be installed indoors on the customer's premises, the customer shall furnish, without cost to the utility, a suitable room or vault for housing the equipment; provided, however, that the utility shall reserve the right to make the final decision as to the location of the room or vault. The space shall meet the requirements of the National Electrical Code, any federal, state or local laws or regulations, and any policies of the utility in effect at the time of the installation. This applies to all facilities.
(4) Properly authorized employees or agents of the utility shall have the right and the means to enter upon the customer's premises at all reasonable times for the purpose of meter reading, inspecting, testing, maintaining, operating or replacing any or all of the utility's properly used in supplying any service to the customer.
(5) Upon termination of a contract or discontinuance of service, the utility shall have the right to remove all of its property from the customer's premises.
(B) Interference with utility property. The customer shall not disconnect, change connections, damage, destroy, uncover, or otherwise interfere with the utility's meters or other property, and shall be responsible to the utility for permitting anyone who is not an agent or employee of the utility to tamper with the utility's property. Violations of this provision may result in:
(1) A disconnection of service;
(2) A reconnection charge; and/or
(3) Charges for the cost of repairing or replacing the affected meter(s) in accordance with applicable Indiana state statutes and regulations.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GARBAGE. All organic household waste, offal, animal and vegetable matter prepared or intended use of food, condemned foodstuffs and materials, and substance, materials and things ordinarily disposed of in containers and incinerators by hotels, restaurants, stores, hospitals, apartment houses and private dwellings.
LOT or PARCEL OF REAL ESTATE. Includes, in addition to those grounds within their respective boundaries, all of the grounds lying to the center of the street or alley where the street or alley is not improved, nor dedicated to the town.
OTHER WASTE AND RANK ELEMENTS. Any junk, rubbish, debris; and bush, brush or shrub, low treelike and thickly branching which have not been planted, but come forth naturally; which is harmful to the general public health and welfare or detracts from appearance and sanitary safety of the neighborhood.
TRASH. All rubbish and refuse including, but not limited to, glass bottles and containers, broken glass, beer and soft drink cans, rubber products, metals, rags, weeds, tree toppings, grass and leaves.
(Ord. 1992-8, passed 10-13-1992)
§ 51.02 NUISANCE.
(A) It shall be unlawful for any owner, occupant or lessee of any lot within the corporate limits of the town to allow, suffer or permit any garbage, trash or other waste and rank elements to be deposited on, grow on or remain on any such lot.
(B) Whenever and wherever garbage, trash or other waste and rank elements exist on any lot within the corporate limits of the town, the same shall be a nuisance and a violation of this chapter.
(Ord. 1992-8, passed 10-13-1992) Penalty, see § 51.99
§ 51.03 INSPECTIONS; NOTICE.
(A) It shall be the duty of the Director of Development and/or Director of Development's designee(s). to inspect from time to time the various real estate lying within the corporate limits of the town, and if it is found that garbage, trash or other waste and rank elements are on the lots, it shall be the Director of Development and/or Director of Development's designee(s) duty to ascertain the names of the owners, occupants or lessees of the property and notify the owners, occupants or lessees, in writing, that the garbage, trash or other waste and rank elements shall be removed or otherwise destroyed within 14 calendar days after service of the notice. Notice shall be sent to the owner of record as the name and address appears on the tax statement from the County Treasurer's Office, by certified mail and/or regular mail. Notice shall be given by mailing to occupants or lessees, if any, by certified mail and/or regular mail, by personal service or by leaving a copy of the notice at a residence if there is a residence on the lot.
(B) If notice cannot be given to the owner by certified or regular mail, the Director of Development and/or Director of Development's designee(s) shall give notice by publication in a newspaper of general circulation in the county at least once each week for two successive weeks.
If any owner, occupant or lessee of any lot shall fail to remove or abate the garbage, trash or other waste and rank elements after receiving notice, it shall be the duty of the Director of Development or Director of Development's designees to cause the same to be removed or otherwise abated pursuant to either § 51.05 below.
(A) The Director of Development or Director of Development's designees, through town employees or contractors hired by the town, may enter the lot to abate the violation of this chapter.
(B) After the Director of Development or Director of Development's designees has effected the removal of the nuisance, the Director of Development or Director of Development's designees shall prepare a sworn statement showing the cost of the work performed and shall bill the owner of record. The bill shall be due and payable at the time of receiving statement in the minimum amount of $50.
(C) If the full amount due to the town is not paid by the owner within 90 days after the work has been performed, as provided in division (B) above, then and in that case, the Director of Development or Director of Development's designees shall cause to be recorded in the County Recorder's Office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which the work was done.
(1) The recordation of the sworn statement shall constitute a lien on the property, and it shall remain in force and effect for the principal amount due, plus interest computed in the manner and amount allowed by law for unpaid real estate taxes, plus costs of for collection if any, until final payment has been made.
(2) The costs and expenses shall be collected in the manner fixed by law for the collection of real estate taxes and further shall be subject to a delinquent penalty the same as real estate taxes in the event same are not paid in full on or before the date the tax bill on which the charges appear becomes delinquent.
(3) A sworn statement recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and it shall be full notice to every person concerned that the property designated or described in the statement is subject to a lien and the same is due and collectible as provided by law.
Any person who fails to remove or abate the garbage, trash or other waste and rank elements, after receiving notice within the time prescribed in the notice given pursuant to § 51.04 above, shall be fined a sum not exceeding $250; provided, however, that the Town Council in addition, may cause the nuisance to be abated in any manner authorized by law, including an action pursuant to I.C. 36-8-2-4 and the institution of an action to abate a nuisance in a court of competent jurisdiction.
52.06 Installation of check valves on all water services
52.07 Cross connection control
§ 52.01 EXPLANATION OF PROVISIONS.
(A) The rates and charges set forth in § 52.02(A) through (D) below shall be implemented in two phases designated as “Phase I” and “Phase II”, respectively. Phase I and Phase II rates and charges will become effective upon the occurrence of the following events: Phase I rates and charges shall become effective upon the approval of the Commission of the rates and charges set forth herein and the filing of the tariff with the Commission reflecting those rates and charges. Phase I rates and charges shall be in effect until the project has been completed, as determined by the Town Council with the advice of the town’s financial advisor (“Project Completion”). Phase II rates and charges shall become effective upon project completion and shall remain in effect thereafter.
(B) The rates and charges set forth in § 52.02(E) through (L) below shall become effective upon the approval of the Commission of the rates and charges set forth herein and the filing of the tariff with the Commission reflecting the rates and charges.
(Ord. 2004-1, passed - -2004)
§ 52.02 RATES AND CHARGES.
There shall be and there are hereby established for the use of and the service rendered by the water utility, the following rates and charges:
(A) Metered rates and charges:
Metered Rates per Month
Phase I (effective 6-28-2022)
Phase II (effective 1-1-2023)
Per 1,000 gallons
$5.68
$6.22
Meter Size
Base Charge per Month
Phase I (effective 6-28-2022)
Phase II (effective 1-1-2023)
Meter Size
Base Charge per Month
Phase I (effective 6-28-2022)
Phase II (effective 1-1-2023)
5/8- or 3/4-inch meter
$6.69
$7.33
1-inch meter
$8.78
$9.62
1 1/2-inch meter
$10.85
$11.90
2-inch meter
$16.59
$18.18
3-inch meter
$58.76
$64.41
4-inch meter
$74.38
$81.53
6-inch meter
$110.83
$121.49
8-inch meter
$152.48
$167.15
10-inch meter
$199.34
$218.52
(B) The flat rate for unmetered customers is$127.35 per month effective June 28, 2022 (Phase I) and $139.59 effective January 1, 2023 (Phase II).
(C) Hydrant rental:
Hydrant
Phase I (effective 6-28-2022)
Phase II (effective 1-1-2023)
Public or private hydrant (per year)
$96.93
$106.26
(D) Private fire protection:
Meter Size
Charge per Month
Phase I (effective 6-28-2022)
Phase II (effective 1-1-2023)
Meter Size
Charge per Month
Phase I (effective 6-28-2022)
Phase II (effective 1-1-2023)
2-inch meter
$6.25
$6.85
2 1/2-inch meter
$16.83
$18.45
3-inch meter
$24.24
$26.57
4-inch meter
$35.18
$38.56
6-inch meter
$96.93
$106.26
8-inch meter
$172.32
$188.90
10-inch meter
$398.89
$437.25
12-inch meter
$574.40
$629.64
(E) Public fire protection surcharge for taxpayers and nontaxpayers is $7.37 per month.
(F) Temporary users: water furnished to temporary users such as contractors and the like, shall be charged on the basis of the metered gallon rates hereinbefore set forth as estimated and established by the Waterworks Superintendent.
(G) Reconnect/disconnect: whenever service has been disconnected by the utility for reason of non-payment of bills, or whenever a consumer requests disconnect and subsequent reconnection, or whenever anyone has been mailed a second past-due notice and must pay a $50 administration fee. Before utility service is disconnected, a second past-due notice with the avoid-disconnect date shall be mailed to the customer. The second notice will also include information about filing a written request for a disconnect protest hearing. The second notice will include the address where hearing request forms must be submitted in writing. No oral requests for a hearing will be accepted. The failure to receive a bill does not exempt the customer from monthly payment, late charges or disconnection. If the arrears or past-due bill is not paid in full in the utility office by the avoid-disconnect date stated on the second past-due notice, the utility service will be disconnected.
(H) Collection and deferred payment charges: all bills for water services not paid within 15 days from the due date thereof, as stated in such bills, shall be subject to the collection or deferred payment charge of 10% on the first $3 and 3% on the excess over $3.
(I) Tapping fees: each user, at the time he or she is connected with the waterworks system, shall pay a charge to cover the costs of tapping the main, furnishing and laying service pipe, corporation and stop cocks, service and meter box, and furnishing and installing the meter. The charge for five-eighths- inch or three-quarters-inch meter tap shall be$350 effective January 1, 2022 (Phase I) and $350 effective January 1, 2023 (Phase II). The charge for a one-inch tap shall be the cost of labor and materials but not less than $560 effective January 1, 2022 (Phase I) and $560 effective January 1, 2023 (Phase II).
The Town Council hereby elects to receive payments in lieu of property taxes.
(Ord. 2004-1, passed - -2004)
§ 52.04 RETURN ON WATER UTILITY PLANT.
The Town Council hereby elects to earn a reasonable return on the water utility plant.
(Ord. 2004-1, passed - -2004)
§ 52.05 ADJUSTMENTS.
If the rates and charges set forth herein shall be adjusted in accordance with the proceedings before and pursuant to the order of the Commission, including any true-up of the rates, rates and charges, as adjusted, shall become effective without further action of the Town Council, upon the tariff being approved by the Commission. A file-stamped copy of the approved tariff shall be attached to this chapter before this chapter is filed in the permanent records of the town.
(Ord. 2004-1, passed - -2004)
§ 52.06 INSTALLATION OF CHECK VALVES ON ALL WATER SERVICES.
(A) With the approval of the Indiana State Board of Health, the water utility is now installing check valves on all water services.
(1) This is to prevent backflows due to high water temperatures that some new appliances require.
(2) The water pressure caused by high temperature when the water is heated results in the pressure release valve operating.
(3) If the pressure relief valve does not operate properly, the water pressure could raise to a level that might cause damage to some appliances.
(B) To alleviate this problem, the water utility recommends that all water heaters have an expansion tank installed on them.
(C) The water utility also recommends the use of a pressure reducing valve where the water pressure exceeds 80 p.s.i. Pressure reducing valves can be supplied at the owner’s request per the appropriate sections of this code of ordinances.
(Res. 2015-9, passed 6-23-2015)
§ 52.07 CROSS CONNECTION CONTROL.
(A) Purpose.
(1) To provide for the protection of the public potable water system from the possibility of contamination or pollution by isolating within its water customers' private water systems any contaminants or pollutants which could, under adverse conditions, backflow into the public potable water system.
(2) To provide for the maintenance of a continuing program of cross-connection control which will, effectively, prevent or control existing or potential cross connections.
(B) Definitions. As used in this chapter, the following terms have the following meanings:
AIR GAP. An unobstructed vertical distance through atmosphere between the discharge end of a pipeline supplied from a public water supply and the overflow rim of the receiving portion of the customer water system.
APPROVED BACKFLOW PREVENTION ASSEMBLY. An assembly that is in accordance with 327 IAC 8-10-7(b).
BACKFLOW. The flow of water or contaminants into the public potable water system from a source other than the public water supply.
CONTAINMENT. A method of backflow prevention which requires an approved backflow prevention assembly at the water service entrance.
CROSS CONNECTION. Any physical arrangement, including cross connection control devices not in working order, whereby the public potable water system is directly connected, either continuously or intermittently, with any secondary source of supply, sewer, drain, conduit, pool, piping, storage reservoir, plumbing fixture, or other device that contains, or may contain, and is capable of imparting to the public water supply, contaminants, contaminated water, sewage, or other waste or liquid of unknown or unsafe quality.
CROSS CONNECTION CONTROL DEVICE INSPECTOR. A person that meets the definition of 327 IAC 8-10-1(8).
CUSTOMER WATER SYSTEM. All piping, fixtures, and appurtenances, including secondary sources of supply, used by a customer to convey water on his or her premises.
DEGREE OF HAZARD (POLLUTANT OR CONTAMINANT). Either a "low hazard pollutant" which is only aesthetically objectionable (i.e., unusual taste, odor, beverages, and the like) or a "high hazard contaminant" that could cause illness or death if ingested (i.e., bacteriological, toxic chemicals, radioactive materials, and the like).
DOUBLE CHECK VALVE ASSEMBLY. A device or assembly composed of two tightly closing shutoff valves surrounding two independently acting check valves, with four test cocks, one upstream of the four valves and one between each of the four check and shutoff valves.
HEALTH AGENCY. The health authority having jurisdiction; federal, state or local.
POINT OF DELIVERY. See SERVICE CONNECTION.
PRIVATE FIRE SERVICE. Refers to a privately owned arrangement of pipes, fixtures and devices installed for the purpose of providing fire protection/suppression service at a private property over and above that provided by the public fire protection system, from which water is taken only for the extinguishment of fires.
PUBLIC POTABLE WATER SYSTEM. A public water supply for the provision to the public of water for human consumption through pipes or other constructed conveyances.
REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTER. A device composed of two tightly closing shutoff valves surrounding two independently acting pressure reducing check valves that, in turn, surround an automatic pressure differential relief valve, and four test cocks, one upstream of the five valves and one between each of the four check and shutoff valves. The check valves effectively divide the structure into three chambers. Pressure is reduced in each downstream chamber allowing the pressure differential relief valve to vent the center chamber to atmosphere should either or both check valves malfunction.
SERVICE CONNECTION. The terminal end of a service connection from the public potable water system, i.e., where the utility loses jurisdiction and sanitary control over the water at its point of delivery to the customer water system.
TESTING RESULTS. The results of inspections or tests conducted pursuant to section 327 IAC 8-10-8(b) on air gaps, reduced pressure principle back-flow preventers, double check valve assemblies, and pressure vacuum breakers.
TEMPORARY WATER SERVICE. Water service supplied through a fire hydrant for short-term use, typically for construction projects or other special purposes (excluding preparation of food and drink for human consumption), for which a mobile or stationary meter is required.
UTILITY. Town of Bargersville, operator of the Town of Bargersville public potable water system.
WATER CUSTOMER. Any person who receives water from the Bargersville utilities.
(C) Authority.
(1) The utility has the authority to prevent, by appropriate means, the backflow of contaminated or polluted water or any other foreign substance from entering the public potable water system and to require certain backflow prevention assemblies in private customer water systems to prevent backflow into the public potable water system.
(2) Water customers have the responsibility to test and maintain their respective private customer water systems free of cross connections and to comply with all federal, state, county and town laws, ordinances and regulations pertaining to cross connections.
(3) The utility shall be the interpreter of this chapter and the arbiter and judge as to whether a backflow assembly is required. If such a backflow assembly is required, exact installation, alignment and elevation requirements shall be determined by reference to 327 IAC 8-10-7 and other applicable state and local regulations.
(D) Policy.
(1) The policy of the utility is to control backflow by containment of all cross connections which shall be found to exist or which may be installed in the future on private customer water systems. Containment shall be achieved by:
(a) Assuring that the customer water system, or any portion thereof, which may create or is causing backflow, is physically disconnected from the public potable water system; or
(b) Installing an approved backflow prevention assembly at the appropriate location to isolate said customer water system from the public potable water system.
(E) Backflow prevention is required when one or more of the following situations apply:
(1) By Order of the Indiana Department of Environmental Management in accordance with 327 IAC 8-10-04 Cross Connection Hazards.
(2) By order of the Indiana Department of Environmental Management in accordance with 327 IAC 8-10-05 Secondary Sources of Supply.
(3) By order of the Indiana Department of Environmental Management in accordance with 327 IAC 8-10-06 land irrigation buried below ground.
(4) By Order of the utility, provided that notice is given that specifies the nature of the customer activity that necessitates designation of the facility as cross connection hazard and a date by which the facility must comply with the order.
(5) For new construction of any of the following facilities:
(a) Facilities that present a cross-connection hazard as defined in division (E);
(b) Proposed facilities with unknown tenants, commonly known as "spec buildings";
(c) Facilities with a secondary source of supply, including but not limited to, emergency use, fire prevention, irrigation; or
(d) Facilities that plan to use fire protection service lines in the facility.
(6) For existing facilities requiring the following types of modifications:
(a) Installation of a new customer service line if the facility is one of the types of facilities identified in section (E)(5);
(b) Modifications to a facility's customer service line if the facility is one of the types of facilities identified in section (E)(5); or
(c) Modifications involving the installation of additional or larger capacity meters if the facility is one of the types of facilities identified in section (E)(5).
(F) Installation, testing, reporting, access, and inspections.
(1) Use of backflow prevention assembly. When backflow prevention is required as set forth in section (E), the water customer shall install, at the water customer's expense, an approved backflow prevention assembly that is in accordance with 327 IAC 8-10-7 and provides protection commensurate with the degree of hazard, hydraulic conditions, and is appropriate with the length of time the backflow prevention assembly is subject to be under pressure.
(2) Location. The backflow prevention assembly shall be located immediately downstream of the water meter and shall not be bypassed by any means. There shall be no taps upstream of the backflow prevention assembly that are not protected by additional backflow prevention assemblies. The existence of backflow prevention assemblies on the water customer's premises other than at this required location shall not negate the requirement at this location. Exact installation, alignment and elevation requirements shall be determined by reference to 327 IAC 8-10-7 and other applicable state and local regulations.
(3) Air gap or reduced pressure principle backflow preventer required. A reduced pressure principle backflow preventer shall be required for cross-connections defined in 327 IAC 8-10-4(c).
(4) Uninterrupted service. Water customers needing continuous service that cannot be interrupted for testing the backflow prevention assembly shall install dual backflow prevention assemblies in parallel so that they can be checked separately.
(5) Looped taps. Heat exchange loops intentionally returning water to the public potable water system shall not be allowed. Any other loop or set of taps into a private customer water system allowing water to return to the public potable water system shall require approved backflow prevention assemblies on all taps.
(6) Private fire service. No connection shall be made to any fire hydrant or private fire service without an approved backflow prevention assembly. Private fire service that is permanent in nature shall incorporate a double check valve assembly in 100% water systems or a reduced pressure principle backflow preventer in chemical systems. Where domestic service is tapped into a private fire service, the domestic tap shall be subject to all the provisions of this chapter.
(7) Pre-existing facilities. In general, pre-existing backflow preventers will not be allowed simply because they were approved before the enactment of this chapter. The utility will review the operation and hazard of each facility with backflow preventers and determine acceptability based on operability and present hazard. If the backflow preventers are found unacceptable, they shall be replaced with an approved backflow prevention assembly, at the water customer's expense, in accordance with this chapter. Pre-existing facilities that have no backflow prevention assembly and where there is a definite present hazard shall be required to install an approved backflow prevention assembly, regardless of whether their plumbing system was previously approved by the town.
(8) Testing intervals. The water customer shall have its backflow prevention assembly(ies) tested by a cross connection control device inspector at intervals in accordance with 327 IAC 8-10-8 at the water customer's expense.
(9) Reporting requirements. State certified cross connection control device inspectors shall submit the backflow assembly testing result and assembly repair and/or overhaul reports to the utility pursuant to procedures required by the utility within ten calendar days after the test has been completed.
(10) Access. The customer shall permit access to the customer's premises by the Bargersville Inspector, or the Commissioner ("Commissioner" means the Commissioner of the Indiana Department of Environmental Management,") at reasonable times, and upon presentation of identification, for inspection of the customer water system or testing of cross connection control devices installed in accordance with 327 IAC 8-10. On request, the owner, lessee, or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. If access for inspection is denied for any reason, a maximum hazard shall be assumed requiring a reduced pressure backflow prevention assembly.
(11) Inspection intervals. The town may cause inspections to be made of all properties served by the public water system where cross connections with the public water system are deemed possible. The frequency of any such inspections and re-inspections based on potential health hazards involved may be established by the town.
(G) Temporary water service.
(1) With the prior consent of the utility, a water customer may receive temporary water service.
(2) The water customer must rent a meter for temporary water service from the utility and pay a fee as set forth in the utility's schedule of non-recurring rates and charges. The water customer shall submit a deposit for a meter.
(3) Any approved backflow prevention assembly shall be provided at the water customer's sole expense and shall at all times remain the property of the water customer. It is the water customer's responsibility to ensure the approved backflow prevention assembly is in working order at all times temporary water service is being used.
(4) If an air gap is used for backflow prevention, it is the water customer's responsibility to ensure that the air gap meets the requirements of 327 IAC 8-10-7(a).
(5) Failure to comply with the provisions of this section shall subject the water customer to enforcement procedures outlined in section (H).
(H) Enforcement.
(1) Disconnection of water service. Service of water to any customer water system or any temporary water service connection shall be discontinued by the utility if one or more of the following occurs:
(a) It is found that an approved backflow prevention assembly required by this chapter is not installed, tested, maintained and reported appropriately, or if it is found that a backflow prevention assembly has been removed or bypassed on a customer water system connected to the public potable water system, or if an unprotected cross connection exists on the premises. Service will not be restored until such conditions are corrected.
(2) Customer fines. Customers who are in violation of this chapter shall be subject to a fine of $250 for each violation if one or more of the following occurs:
(a) It is found that an approved backflow prevention assembly required by this chapter is not installed, tested, maintained and reported appropriately, or if it is found that a backflow prevention assembly has been removed or bypassed on a customer water system connected to the public potable water system, or if an unprotected cross connection exists on the premises. Service will not be restored until such conditions are corrected.
(I) Procedure.
(1) Notice of violation. A written notice will be sent by first class mail to the water customer stating the specific violation, the recommended action, the time by which the violation must be cured, and the penalty for failing to cure such violation.
(2) Discontinued service. When the water customer has been provided with the notice of noncompliance and fails to cure the same as provided in the written notice, service to the water customer will be discontinued.
(3) Discontinued service will consist of closing the control valve to or separating the control valve from the customer water system, or fire hydrant in the case of temporary water service, and the water customer will incur the standard monetary penalties for delinquent water shut-off. The utility will not restore service to the water customer until the utility has determined that the water customer is in compliance with the provisions of this chapter.
(4) If it is found that a cross connection control device inspector is in violation of any part of this chapter or 327 IAC 8-10, the utility reserves the right to discontinue accepting backflow prevention assembly testing results and assembly repair and/or overhaul reports in any format performed by the cross connection control device inspector found in violation at the discretion of the utility for a duration of time determined by the utility.
53.07 User rate schedule for charges; availability and connection fees
53.08 Powers and authority of inspectors
53.09 Pretreatment of wastewater
53.10 Individual wastewater discharge permits
53.11 Reporting requirements
53.12 Confidential information
53.13 Publication of users in significant noncompliance
53.14 Administrative enforcement remedies
53.15 Judicial enforcement remedies
53.16 Affirmative defenses to discharge violations
53.17 Miscellaneous provisions
53.99 Penalty
§ 53.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT or THE ACT. The Federal Water Pollution Control Act, also referred to as the Clean Water Act, as amended, 33. U.S.C. §§ 1251, et seq.
APPROVAL AUTHORITY. The State of Indiana.
ASTM. American Society for Testing Materials.
AUTHORITY. The Town of Bargersville, Indiana, or its representative thereof.
AUTHORIZED orDULY AUTHORIZED REPRESENTATIVE OF THE USER.
(1) If the user is a corporation:
(a) The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
(b) The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
(3) If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
(4) The individuals described in divisions (1) through (3) above may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall responsibility for environmental matters for the company, and the written authorization is submitted to the town.
BEST MANAGEMENT PRACTICES or BMPS. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 53.06(A) and (B). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
BOD5 or BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Centigrade in terms of milligrams per liter (mg/l).
BUILDING DRAIN. That part of the lowest horizontal piping of a drainage system which receives the discharge from waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the building wall.
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal, also referred to as a house connection or service connection.
CATEGORICAL PRETREATMENT STANDARDorCATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
CATEGORICAL INDUSTRIAL USER. An industrial user subject to a categorical pretreatment standard or categorical standard.
CHEMICAL OXYGEN DEMAND (COD). The quantity of oxygen utilized in the chemical oxidation of organic matter as determined by standard laboratory procedures, and as expressed in terms of milligrams per liter (mg/l).
COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the treatment facilities are designed to treat such pollutants to a degree, which complies with effluent concentration limits imposed by the permit.
CONTROL AUTHORITY. The town.
CONTROL MANHOLE. A structure specially constructed for the purpose of measuring flow and sampling of wastes.
DAILY MAXIMUM. The arithmetic average of all effluent samples for a pollutant collected during a calendar day.
DAILY MAXIMUM LIMIT. The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
DISCHARGEorINDIRECT DISCHARGE. The introduction of pollutants into the POTW from any domestic or non-domestic source.
EASEMENT. An acquired legal right for the specific use of land owned by others.
ENVIRONMENTAL PROTECTION AGENCYor EPA. The U.S. Environmental Protection Agency, or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.
EQUIVALENT DOMESTIC UNIT or EDU. The amount of water used by an average single family residence. An EDU for a standard single-family residential unit is 310 gallons per day (gpd).
EXISTING SOURCE. Any source of discharge that is not a “new source.”
FECAL COLIFORM. Any number of organisms common to the intestinal tract of man and animals whose presence in sanitary sewage is an indicator of pollution.
15 YEAR LAW FEE or 15 YLF. A payment pursuant to I.C. § 36-9-22-2 and especially subsection (b) thereof (as it may be amended and any replacement or similar statute).
FLOATABLE OIL. Oil, fat, or grease in a physical state, such that it will separate by gravity from wastewater.
FORCE MAIN AVAILABILITY FEE or FMAF. The charge to a user for a new or additional connection to the town’s POTW which is charged to assist in the construction of force mains which are or will become part of the town’s POTW.
GARBAGE. Animal and vegetable waste resulting from the handling, preparation, cooking, and serving of food.
GRAB SAMPLE. A sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
IDEM. Indiana Department of Environmental Management.
INCOMPATIBLE POLLUTANT. Any pollutant that is not defined herein as a compatible pollutant including non-biodegradable dissolved solids.
INDIRECT DISCHARGEorDISCHARGE. The introduction of pollutants into the POTW from any non-domestic source.
INDUSTRIAL WASTE. Gaseous, liquid, and solid wastes resulting from industrial or manufacturing processes, trade or business, or from the development, recovery, and processing of natural resources, as distinct from residential or domestic strength wastes.
INDUSTRY. Any nongovernmental or nonresidential user of a POTW which is identified in the Standard Industrial Classification Manual, latest edition, which is categorized in Divisions A, B, D, E and I.
INFILTRATION. Water entering a POTW (including building drains and pipes) from the ground through such means as defective pipes, pipe joints, connections, and manhole walls.
INFILTRATION/INFLOW or I/I. The total quantity of water from both infiltration and inflow.
INFLOW. Water other than wastewater that enters a POTW (including building drains) from sources such as, but not limited to, roof leaders, cellar drains, yard and area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers, catch basins, surface runoff, street wash waters or drainage.
INTERFERENCE. A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the town’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: § 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
LOCAL LIMIT. Specific discharge limits developed and enforced by the town upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
MEDICAL WASTE. Isolation wastes, infections agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
MONTHLY AVERAGE. The sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.
MONTHLY AVERAGE LIMIT. The highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.
NATIONAL CATEGORICAL PRETREATMENT STANDARDS. Federal regulations establishing pretreatment standards for introduction of pollutants in POTWs which are determined to be not susceptible to treatment by such facilities or would interfere with the operation of such facilities, pursuant to § 307(b) of the Act.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. A permit issued by the IDEM, setting limits on pollutants that a permittee may legally discharge into navigable waters of the United States pursuant to §§ 402 and 405 of the Act.
NATURAL OUTLET. Any outlet, including storm sewers and combined sewers, which overflow into a watercourse, pond, ditch, lake or other body of surface water or ground water.
NEW SOURCE.
(1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under § 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(a) The building, structure, facility, or installation is constructed at a site at which no other source is located;
(b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(c) The production of wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
(2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of divisions (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
(3) Construction of a new source as defined under this division has commenced if the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous onsite construction program:
1. Any placement, assembly, or installation of facilities or equipment; or
2. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
(b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this division.
NON-CONTACT COOLING WATER. The water discharged from any uses such as air conditioning, cooling or refrigeration, or during which the only pollutant added, is heat.
NORMAL DOMESTIC STRENGTH WASTE. Wastewater that is primarily introduced by residential users with a BOD5 concentration not greater than 200 mg/l and a suspended solids (TSS) concentration not greater than 250 mg/l.
PASS THROUGH. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the town’s NPDES permit, including an increase in the magnitude or duration of a violation.
PERSON. Any individual, firm, company, partnership, association, society, corporation, limited liability company or group. This definition includes all federal, state, and local governmental entities.
pH. The logarithm of the reciprocal of the concentration of hydrogen ions in terms of grams per liter of solution.
POLLUTANT. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
POTW (PUBLICLY OWNED TREATMENT WORKS). A treatment works, as defined by § 212 of the Act (33 U.S.C. § 1292), which is owned by the town. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.
PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
PRETREATMENT STANDARDS orSTANDARDS. Prohibited discharge standards, categorical pretreatment standards, and local limits.
PROHIBITED DISCHARGE STANDARDSorPROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 53.06 of this section.
PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than 1/2 inch (1.27 cm) in any dimension.
PROCESS WATER. Water that comes in contact with any raw material, product, by-product, or waste during any production or industrial process.
SERVICE AREA. The area inside the town limits of the Town of Bargersville and the area outside the town limits, which is served by Bargersville’s POTW.
SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
SEWAGE. Human excrement and gray water (household showers, dishwashing operations, etc.) The spent water of a community. The preferred term is wastewater.
SEWER. A pipe or conduit that carries wastewater or drainage water.
COLLECTION SEWER. A sewer whose primary purpose is to collect wastewater from individual point source discharges and connections.
COMBINED SEWER. A sewer intended to serve as a sanitary sewer and a storm sewer.
FORCE MAIN. A pipe in which wastewater is carried under pressure.
INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collection sewers to a treatment facility.
PRIVATE SEWER. A sewer which is not owned and maintained by the Town of Bargersville.
PUBLIC SEWER. A sewer owned, maintained and controlled by the Town of Bargersville.
SANITARY SEWER. A sewer intended to carry only liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters which are not admitted intentionally.
STORM SEWER or STORM DRAIN. A drain or sewer intended to carry storm waters, surface runoff, ground water, sub-surface water, street wash water, drainage, and unpolluted water from any source.
SEWER AVAILABILITY FEE OR SAF. The charge to a user for a new or additional connection to the POTW which is charged in return for the town making available to such user the POTW to pick up, transport and treat the sewage of such user.
SEWER CONNECTION FEE or SCF (also sometimes known as a “tap-on” or “hook- on” fee). The charge to a user for a new or additional connection to the town’s POTW and which is charged as a part of the pro rata cost of construction of all local and/or lateral sewer lines adequate to serve the property of the connecting user and for the cost of providing a connection to the POTW.
SHALL. Is mandatory; MAY is permissive.
SIGNIFICANT INDUSTRIAL USER or SIU. Except as provided in division (3) of this definition, a SIGNIFICANT INDUSTRIAL USER is:
(1) An industrial user subject to categorical pretreatment standards; or
(2) An industrial user that:
(a) Discharges an average of 25,000 gpd or more or process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
(b) Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(c) Is designated as such by the town on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
(3) Upon a finding that a user meeting the criteria in division (2) of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the town may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
SLUG LOAD or SLUG DISCHARGE. Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in this section. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions.
SUSPENDED SOLIDS (SS) or TOTAL SUSPENDED SOLIDS (TSS). The total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater, latest edition, and referred to as non-filterable residue.
TOWN. The area within the corporate boundaries of the Town of Bargersville, Indiana, as presently established or as amended by ordinance or other legal actions at a future time. The term TOWN when used herein may also be used to refer to the Town Council and its authorized representative.
TOXIC POLLUTANT. The concentration of any pollutant or combination of pollutants, which upon exposure to or assimilation into any organism will cause adverse effects, as defined in standards issued pursuant to § 307(a) of the Act.
UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards, and would not be benefitted by discharge to the POTW. (See NON-CONTACT COOLING WATER).
USER or INDUSTRIAL USER. A source of discharge.
UTILITIES ADMINISTRATOR. The Bargersville Utilities Administrator or a deputy, agent or representative thereof.
WASTEWATER. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
WASTEWATER SUPERVISOR. The person designated by the town to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this section. The term also means a duly authorized representative of the Wastewater Supervisor. The Wastewater Supervisor reports to the Utilities Administrator.
WASTEWATER TREATMENT WORKS or TREATMENT WORKS. An arrangement of any devices, facilities, structures, equipment, or processes owned or used by the town for the purpose of the transmission, storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage or industrial wastewater, or structures necessary to recycle or reuse water including interceptor sewers, outfall sewers, collection sewers, pumping, power, and other equipment and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled water supply such as standby treatment units and clear well facilities; and any works including land which is an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.
WATERCOURSE. A natural or artificial channel for the passage of water, either continuously or intermittently.
The Utilities Administrator shall have control and general supervision of all of the POTW and service connections thereto in the town and service areas outside the town, and shall be responsible for administering the provisions of this chapter to the end that a proper and efficient POTW is maintained.
(A) It shall be a violation of this chapter for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the town, or in any area under its jurisdiction, any human or animal excrement, garbage or objectionable waste.
(B) It shall be a violation of this chapter to discharge to any natural outlet any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter and the town’s NPDES permit.
(C) Except as provided hereinafter, it shall be a violation of this chapter to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.
(D) Subject to the exemptions provided in I.C. § 36-9-23-30.1, the owner of any property producing sewage or similar waste, which is within the town or its service area, may be required at the owners’ expense to install a suitable service connection to the town’s POTW and to discontinue the use of privies, cesspools, septic tanks and similar structures if:
(1) There is an available sanitary sewer within 300 feet of the property line of the affected property; and
(2) The town has given notice by certified mail to the property owner at the address of the property at least 90 days before the date specified for connection in the notice.
(E) The town may apply to the Johnson Circuit or Superior Courts for an order to require a connection to its POTW pursuant to division (D) of this section. Pursuant to I.C. § 36-9-23-30(d), the court shall assess the cost of the action and reasonable attorney’s fees of the town against the property owner in such an action.
(A) This section is applicable (a) to property within the town limits where the town does not have an available sanitary sewer within 300 feet of the property line and (b) to property outside the town limits but within the town’s service area where the town does not have an available sanitary sewer within 300 feet of the property line and the town has the authority to issue building permits.
(B) Prior to commencement of construction of a private wastewater disposal system on property subject to this section, the owner shall first obtain a waiver from the Town Council and then obtain a written permit from the Johnson County Health Department. The application for such permit shall be made on a form furnished by the Johnson County Health Department, which the owner shall supplement by any plans, specifications, and other information as are deemed necessary to the town.
(C) A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the Johnson County Health Department (or its authorized representative). The Johnson County Health Department (or its representative) shall be allowed to inspect the work at any stage of construction, and, in any event, the owner shall notify the Johnson County Health Department when work is ready for final inspection, and before any underground portions are covered.
(D) The type, capacities, location, and layout of a private wastewater disposal system shall comply with all state, county and town requirements of regarding standards for individual sewage treatment systems. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(E) The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times at no expense to the town.
(F) At such time as a public sewer becomes available to a property serviced by a private wastewater disposal system, the town may require that the property connect to the public sewer as provided in § 53.03. If connection to a public sewer is required, then 30 days after such connection all septic tanks, cesspools and similar private wastewater disposal systems shall be cleaned of sludge, the bottom shall be broken to permit drainage, and the tank or pit filled with suitable material.
(G) No provision of this section shall be deemed to supersede any additional or different requirements that may be imposed by IDEM or the Indiana State Department of Health (“ISDH”). The provisions of this section are subject to I.C. § 36-9-23-30.1.
(A) Any new connection(s) to the POTW shall be prohibited unless sufficient capacity is available in all downstream facilities including, but not limited to capacity for flow, BOD5, and suspended solids, as determined by the Utilities Administrator.
(B) No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter, or disturb any part of the POTW or appurtenance thereof without first obtaining a written permit from the town.
(C) Applications for permits shall be made by the owner or his or her agent employed to do the work, and shall include the name of owner of the location, street number, how and by whom the location is occupied and where and how the connection is to be made. No connection shall drain beyond the property limits of the location.
(D) There shall be two classes of building sewer permits: (a) for residential and commercial (nonindustrial) service, and (b) for service to industries producing industrial waste. In either case, the application shall be supplemented by any plans, specifications, or any other information considered pertinent in the judgment of the town. Any industry, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics, and type of activity.
(E) All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify and hold harmless the town from any loss or damage or claim thereof, including but not limited to costs and reasonable attorney’s fees, that may be directly or indirectly occasioned by the installation and connection of the building sewer.
(F) A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway. The building sewer from the front building may be extended to the rear building and the whole considered one building sewer. However, it is the responsibility of the owner of the rear building to obtain such easement and/or other permission from the owner of the front building as is necessary to connect to the building sewer of the front building. The town is not responsible for obtaining such permission, and the town does not and will not assume any obligation or responsibility for damage caused by or resulting from any such connection.
(G) Old building sewers may be used in connection with new buildings only when they are found, on examination and testing by the Utilities Administrator, to meet all requirements of this chapter.
(H) The size, slopes, alignment and materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling of the trench, shall all conform to the requirements of the State of Indiana Building and Plumbing Code and any other applicable rules and regulations of the town. In the absence of code provisions, the materials, procedures and specifications set forth in the ASTM and WPCF Manual of Practice No. 9, shall apply.
(I) Whenever possible, the building sewer shall be brought to the building at an elevation at least two feet below ground level. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
(J) No person(s) shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or otherwise directly or indirectly to the POTW.
(K) The connection of the building sewer into the public sewer shall conform to the requirements of 327 IAC 3-6-8 and any applicable rules and regulations of the town, or the procedures set forth in appropriate specifications of the ASTM. All such connections shall be made gastight and watertight, and verified by proper testing to prevent the inclusion of infiltration/inflow. The town prior to installation must approve any deviation from the prescribed procedures and materials.
(L) The applicant for the building sewer permit shall notify the town when the building sewer is ready for inspection and connection to the public sewer. The connection and inspection shall be made under the supervision of the Utilities Administrator.
(M) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard, and such is the responsibility of the applicant and of his or her contractors, employees or other persons performing such work. The town does not undertake to supervise, inspect or be responsible for the safety of such excavations and installations, and the town shall assume no duty in that regard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the town.
(N) No person shall make a service connection with any public sewer unless licensed by the State of Indiana to perform such work, and no permit shall be granted to any person who is not so licensed.
(O) Any person desiring to make a service connection with public sewers shall contact the town and provide satisfactory evidence that the applicant or his employee or contractor is licensed to perform such work.
(A) General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.
(B) Specific prohibitions.
(1) No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
(a) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 CFR 261.21;
(b) Wastewater having a pH less than 5.0 or more than 9.5, or otherwise causing corrosive structural damage to the POTW or equipment;
(c) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than 1/2 inches (0.5") in any dimension;
(d) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;
(e) Wastewater having a temperature greater than 150°F (65.6°C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104°F (40°C);
(f) Non-polar fats, oils and greases such as petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;
(g) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
(h) Trucked or hauled pollutants, except at discharge points designated by Wastewater Supervisor in accordance with § 53.09(D) of this chapter;
(i) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
(j) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the town's NPDES permit;
(k) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;
(l) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Wastewater Supervisor;
(m) Sludges, screenings, or other residues from the pretreatment of industrial wastes;
(n) Medical wastes, except as specifically authorized by the Wastewater Supervisor in an individual wastewater discharge permit;
(o) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test;
(p) Detergents, surface-active agents, or other substances which that might cause excessive foaming in the POTW; or
(q) Polar fats, oils, or greases in concentrations greater than 100 milligram per liter.
(2) Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.
(C) National categorical pretreatment standards. Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471.
(1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Wastewater Supervisor may impose equivalent concentration or mass limits in accordance with divisions (C)(4) and (5) below.
(2) When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the Wastewater Supervisor may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.
(3) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Wastewater Supervisor shall impose an alternate limit in accordance with 40 CFR 403.6(e).
(4) When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the town convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Wastewater Supervisor. The town may establish equivalent mass limits only if the industrial user meets all the conditions set forth in (B)(4)(a)1. through (B)(4)(a)5. below.
(a) To be eligible for equivalent mass limits, the industrial user must:
1. Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit;
2. Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and not have used dilution as a substitute for treatment;
3. Provide sufficient information to establish the facility's actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;
4. Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and
5. Have consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user's request for equivalent mass limits.
(b) An industrial user subject to equivalent mass limits must:
1. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;
2. Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device;
3. Continue to record the facility's production rates and notify the Wastewater Supervisor whenever production rates are expected to vary by more than 20% from its baseline production rates determined in division (C)(4)(f). Upon notification of a revised production rate, the Wastewater Supervisor will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and
4. Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to division B(4)(a)1. so long as it discharges under an equivalent mass limit.
(c) When developing equivalent mass limits, the Wastewater Supervisor:
1. Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;
2. Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and
3. May retain the same equivalent mass limit in subsequent individual wastewater discharge permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to division (G). The industrial user must also be in compliance with § 53.16(C) regarding the prohibition of bypass.
(5) The Wastewater Supervisor may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the Wastewater Supervisor.
(6) Once included in its permit, the industrial user must comply with the equivalent limitations developed in this section in lieu of the promulgated categorical standards from which the equivalent limitations were derived.
(7) Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-day average, limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.
(8) Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the Wastewater Supervisor within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the Wastewater Supervisor of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate.
(D) State pretreatment standards. Users must comply with Indiana pretreatment standards codified at 327 IAC 5-18-1 to 5-18-10.
(E) Local limits.
(1) The Wastewater Supervisor is authorized to establish Local Limits pursuant to 40 CFR 403.5(c).
(2) The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following daily maximum allowable discharge limits.
Parameter
Limit (mg/L)
Parameter
Limit (mg/L)
Arsenic
0.92
Chromium
0.49
Copper
0.48
Lead
0.19
Mercury
0.00065
Nickel
5.34
Oil and grease
100
Selenium
0.33
Zinc
2.32
The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The Wastewater Supervisor may impose mass limitations in addition to the concentration-based limitations above.
(3) The Wastewater Supervisor may develop Best Management Practices (BMPs), by ordinance or individual wastewater discharge permits, to implement local limits and the requirements of divisions (A) and (B).
(F) Town's right of revision. The town reserves the right to establish, by ordinance or in individual wastewater discharge permits, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this chapter.
(G) Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Wastewater Supervisor may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
§ 53.07 USER RATE SCHEDULE FOR CHARGES; AVAILABILITY AND CONNECTION FEES.
(A) Rates and charges. For the use of and the services rendered by the POTW, rates and charges shall be collected from the owner or user of each and every lot, parcel of real estate or building that is connected with the town’s sanitary sewage system or otherwise discharges sanitary sewage, industrial waste, water or other liquids, either directly or indirectly, into the sanitary sewer system of the Town of Bargersville, which rates and charges are payable as hereinafter provided and shall be in an amount determinable as follows:
(1) The sewage rates and charges shall be computed on a base charge/flow charge system related to the quantity of water used on or in the premises subject to such use, and shall be composed of (1) a monthly base charge, based on the water meter size and (2) a gallonage charge per 1,000 gallons, all subject to an overall monthly minimum charge, except as otherwise provided in this chapter. Sewage service rates, based upon these factors, shall be as follows:
(a) Metered rates:
Metered Rates
Phase I (effective 1-1-2022)
Phase II (effective 1-1-2023)
Per 1,000 gallons
$9.17
$10.31
(b) Base charge per month. In addition to the metered block rate or applicable minimum consumption schedule, each user shall pay a monthly base charge in accordance with the following applicable size of meter installed:
Meter Size
Charge per Month
Phase I (effective 1-1-2022)
Phase II (effective 1-1-2023)
Meter Size
Charge per Month
Phase I (effective 1-1-2022)
Phase II (effective 1-1-2023)
5/8 or 3/4 inch
$12.07
$13.57
1 inch
$25.83
$29.03
1 1/2 inch
$56.04
$62.99
2 inch
$94.44
$106.15
3 inch
$213.46
$239.93
4 inch
$369.06
$414.82
6 inch
$835.92
$939.57
8 inch
$1,486.76
$1,671.12
10 inch
$2,320.68
$2,608.44
(c) Minimum consumption:
Minimum Charge
Phase I (effective 1-1-2022)
Phase II (effective 1-1-2023)
2,000 gallons
$30.41
$34.19
(2) Notwithstanding division (A)(1) of this section, the minimum charge per month for sewage service for any user, whether a metered water consumer or a user who is not a water user, is $27.37.
(3) For the services rendered to the Town of Bargersville, the town shall be subject to the same rates and charges as hereinbefore provided, or to charges and rates established in harmony therewith.
(4) In the event two or more residential lots, parcels of real estate or buildings discharging sewage, water or other liquids into the town’s POTW, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in each such case, for billing purposes, the minimum charge of the sewage rates and charges shall be multiplied by the number of residential lots, parcels of real estate or buildings served through the single water meter.
(5) In the event two or more dwelling units, such as trailers, apartments or housekeeping rooms, discharging sewage, water or other liquids into the town’s POTW, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in such case, for billing purposes, the minimum charge of the sewage rates and charges shall be multiplied by the number of dwelling units. A dwelling unit shall be interpreted as a room or rooms or other living space or spaces, in which cooking facilities are provided.
(6) Water which is used in the process of manufacture or for any other purpose, which does not discharge into the POTW shall be exempt from charges; provided, however, that the property owner shall install the necessary meters to indicate the amount of water which does not discharge into a combined or sanitary sewer of the POTW of Town of Bargersville, which meter shall be subject to the approval of the town.
(7) In the event a lot, parcel of real estate or building discharging sanitary waste, water or other liquid into the POTW of the town, either directly or indirectly, is not a user of water supplied by the town, and the water used thereon or therein is not measured by a town water meter or by a meter acceptable to the town, then the amount of water used shall be otherwise measured or determined by the town in order to determine the rate of charge provided for in this chapter, or the owner, or other interested party, at his or her own expense, may install and maintain a water meter or other water or sewage measuring device acceptable to the town for said purpose, and the quantity of water used, as measured by said meter, shall be used to determine the sewage service charge and there shall be charged an amount determined by the sewage service rates as herein set forth.
(8) In the event a lot, parcel of real estate or building discharges sewage in the form of industrial waste, either directly or indirectly, into the POTW of the town, and the town finds it is not practicable to attempt to measure such wastes by meter, it shall measure the same in such manner and by such method as it may find practical in the light of the conditions and attendant circumstances of the case in order to determine the rates and charges according to the corresponding rates provided in this chapter. If the town finds that it is practicable to attempt to measure such wastes by meter, then the owner of the property shall install and maintain a meter acceptable to the town on ten days’ notice.
(9) Special service rates.
(a) Special service rates shall be applicable to all users who generate wastewater which contains any nonconventional pollutants or strengths of BOD, SS, TKN, or TP that exceed the system average strengths of 300 ppm BOD, 300 ppm SS, 40 ppm TKN, and 7 ppm TP as determined by testing to be included in the user’s individual discharge permit. Strength charges are to be computed on actual measured strengths and volumes.
(b) Special service rates shall be determined by the Wastewater Supervisor.
(10) In order that the rates and charges may be justly and equitably adjusted to the service rendered, the town shall have the right to base its charges not only on volume, but also on the strength and character of the sewage and wastes discharged, either directly or indirectly, into the town’s POTW in such manner and by such method as it may find practicable, in light of the conditions and attending circumstances of the case in order to determine the proper charges. The charges shall, where deemed necessary, be adjusted on a flat rate basis by the month.
(11) Such rates and charges shall be billed monthly and shall be due and payable on or before the last day of the calendar month next succeeding the day of billing; provided, however, that the first billing may be for a period of more or less than a full month, in order to make the monthly collection periods correspond with the water meter readings of the town, depending upon the date the sewage works rates and charges go into effect.
(12) The rates and charges may be billed to the tenant or tenants occupying the properties served, if requested in writing by the owner, but such billing shall not relieve the owner from liability in the event payment is not made by the tenant or tenants as herein required. The owners of properties served which are occupied by tenants shall have the right to examine the collection records of the town for the purpose of determining whether such rates and charges have been paid by such tenants, provided that such examination shall be made at the office in which the records are kept and during the hours that the office is open for business.
(13) The Town of Bargersville is hereby authorized to make any adjustment in any charges billed to a metered user of water for any purpose where such water does not enter the sewer system of the town.
(14) Nonadditional metered residential users.
(a) This division (A)(14) applies only to nonadditional metered residential users of the POTW. NONADDITIONAL METERED means and refers to a residential user whose usage of the sewage works is billed entirely through one water meter and who has no additional water meter to bill for special or nonresidential uses, including but not limited to commercial or industrial uses, and lawn sprinkling, the filling of swimming pools and other uses that do not enter the sanitary sewer system.
(b) A residential user is a user of the sewage works whose premises or building is used primarily as a residence for one or more persons, including all dwelling units. In the event a portion of the premises or building is used for commercial or industrial purposes or other nonresidential purposes, the owner shall have the privilege, at the owner’s cost, of separating water service so that the residential portion of the premises or building is served through a separate meter, and in such case, the water usage as registered by the water meter serving such portion of the premises used for residential purposes shall qualify for the rates set pursuant to this division (A)(14).
(c) In order that there will be no additional sewage charges to nonadditional metered residential users for water used in lawn sprinkling and other uses that do not enter the sewer system during the months of May, June, July, August, September and October of each year (“the summer months”), the monthly sewage billing for nonadditional metered residential users for each May, June, July, August, September and October in each year shall be determined as follows:
1. The lower of (i) actual or estimated units of water used as billed by the town pursuant to the normal rates provided in divisions (A)(1) and (2) of this section as amended or (ii) 1.334 x (times) the winter average.
2. The winter average shall be defined as the actual or estimated units of water used as billed by the municipal water utility during the preceding months of December, January, February, March and April divided by five.
3. Nonadditional metered residential users without a winter average shall be billed the lower of (i) actual or estimated units of water used as billed by the town pursuant to the normal rates provided in divisions (A)(1) and (2) of this section as amended or (ii) the charge for 5,000 gallons of water x (times) 1.334 of the normal rates provided in (a) divisions (A)(1) and (2) of this section.
(15) Special adjustments.
(a) NONADDITIONAL METERED has the same meaning in this division as in division (A)(14) of this section.
(b) The town, acting through the Utilities Administrator, is hereby authorized to consider and act upon all requests for adjustments in sewer charges received from large volume water users such as swimming pool owners, persons using automatic sprinkler systems, persons experiencing major water leaks on their premises and other persons whose measured water use does not fairly reflect the amount of the sewage being introduced into the sewage system. The granting and amount of any adjustment is in the discretion of the utility.
(c) In the case of draining and/or refilling swimming pools, no adjustment shall be made unless the nonmetered user contacts the utility prior to draining and/or refilling his or her pool and makes arrangements for the adjustment. In the case of nonmetered users seeking adjustments on account of watering new sod or newly seeded lawns or newly repaired lawns, no adjustment shall be made unless the nonmetered user contacts the utility prior to watering and makes arrangements for the adjustment. In the cases of leaks in water lines where the leak does not cause or allow water to enter the sewage system, the granting in the amount of any adjustment may be conditioned upon, among other things, prompt repair of such leaks.
(B) Availability and connection fees.
(1) No connection to the town’s POTW shall be allowed until a permit is obtained and payment of sewer availability fee, force main availability fee and sewer connection fee have been made to the town, except as provided in division (B)(7) of this section.
(2) Sewer availability fee (or SAF). For a standard single-family residence which is not part of a subdivision and for any user which is not residential and which also is not part of a commercial subdivision, the SAF is charged and paid at the time of connection to the town’s POTW. For a subdivision, residential or commercial, the developer shall pay one-half of the SAF for each lot in the subdivision to the town at the time of the execution of a sewer service agreement. For a subdivision, residential or commercial, the other one-half of the SAF shall be paid to the town by the lot owner at or before the issuance of a building permit.
(3) Force main availability fee (or FMAF). For a standard single-family residence which is not part of a subdivision and for any user which is not residential and which also is not part of a commercial subdivision, the FMAF is charged and paid at the time of connection to the town’s POTW. For a subdivision, residential or commercial, the developer shall pay all of the FMAF for each lot in the subdivision to the town at the time of the execution of a sewer service agreement.
(4) Sewer connection fee (or SCF). The SCF is paid at the time of connection to the town’s POTW.
(5) (a) The sewer availability fee is hereby established in the amount of$4,100 effective January 1, 2022 (Phase I) and $4,100 effective January 1, 2023 (Phase II) per standard single-family residential unit.
(b) The force main availability fee is hereby established in the amount of$400 effective January 1, 2022 (Phase I) and $400 effective January 1, 2023 (Phase II) per standard single-family residential unit.
(6) (a) The SAF and FMAF for users which are not standard single-family residential units shall be based on equivalent domestic units (“EDUs”). (For example, if it is determined that a user which is not a standard single-family residential unit will use two EDUs per day, the SAF for such user shall be $5,100 and the FMAF shall be $500.) See the table below. SAFs and FMAFs are not computed in fractions and are rounded up.
(b) For purposes of determining the estimated average flow in gallons per day for users other than a standard single-family residence and for purposes of calculating the SAF and FMAF, the number of EDUs for a user, other than a standard single-family residence, shall be determined according to the table below, which estimated flow shall be divided by 310 gpd to derive the number of EDUs and to calculate the resulting SAF and FMAF:
TABLE FOR ESTIMATING WASTEWATER FLOWS
Type of Establishment
Estimated Flow (Gallons per Day)
Type of Establishment
Estimated Flow (Gallons per Day)
Agricultural labor camp
50 per occupant
Airport
3 per passenger plus 20 per employee
Apartment
200 per one bedroom
300 per two bedroom
350 per three bedroom
Assembly hall
3 per seat
Bar (without food service)
10 per seat
Beauty salon
35 per customer
Bowling alley
With bar and/or food
Without food service
125 per lane
75 per lane
Bus station
3 per passenger
Campground
Organizational
With flush toilets
Without flush toilets
Recreational
With individual sewer connection (independent)
Without individual sewer connection (dependent)
40 per camper
20 per camper
100 per campsite
50 per campsite
Church
With kitchen
Without kitchen
5 per sanctuary seat
3 per sanctuary seat
Condominiums
200 per one-bedroom
300 per two-bedroom
350 per three-bedroom
Correctional facilities
120 per inmate
Day care center
20 per person
Dentist
750 per chair plus 75 per employee
Factory
With showers
Without showers
35 per employee
20 per employee
Food service operations
Cocktail lounge restaurant
(not 24 hour) restaurant,
24 hour
Restaurant, 24 hour along interstate
35 per seat
35 per seat
50 per seat
70 per seat
Tavern
35 per seat
Curb service (drive-in)
50 per car space
Hospital, medical facilities
200 per bed
Hotel
100 per room
Kennels
20 per animal enclosure
Mental health facility
100 per patient
Mobile home park
200 per lot
Motel
100 per room
Nursing home
100 per bed
Office building
20 per employee
Outpatient surgical center area
50 per patient
School
Elementary
Secondary
5 per visitor
15 per pupil
25 per pupil
Service station (gas station)
400 per restroom
Shopping center
0.1 per square foot of floor space, plus 20 per employee
Swimming pool bathhouse
10 per swimmer
Theater
Drive-in
Inside building
5 per car space
5 per seat
(c) If there is no appropriate estimated flow classification listed above, then the Utilities Administrator shall determine the estimated average flows based upon good engineering judgment and such reasonable information as may be available.
(7) The SAF and FMAF are not applicable to and shall not be charged for any new (first) connection to a single-family residential unit which had been constructed and was existing within the town limits on October 1, 1994, but they shall be applicable to and charged for any additional (second or subsequent) connection to such an existing single-family residential unit. The FMAF is not applicable to and shall not be charged for any connection in which (a) the developer has constructed or otherwise paid for a force main which connects with the town’s wastewater treatment plant, (b) the developer has dedicated the force main to the town and (c) the force main has been accepted by the town.
(8) The Town Council may from time to time change the amount of the SAF and/or FMAF.
(9) The sewer connection fee (SCF) is hereby established in the amount of $250 per single-family residential unit.
(10) The SCF for users which are not single-family residential units shall be the same as single-family residential units unless the town, in its sole discretion, through the Utilities Administrator, determines that such fee is either significantly more or less than appropriate as a result of the proposed user’s circumstances and, therefore, establishes a different amount of such fee for such user based upon the estimated use and type of connection by such user.
(11) The SCF shall be paid in full before the new or additional connection is made to the town’s sewage system.
(12) The Town Council may from time to time change the amount of the SCF.
(C) The rates and charges fixed herein shall be extended to and cover any additional premises hereinafter served, without the necessity of any hearing or notice. If any service rate or charge hereby established shall not be paid within 30 days after the same is due, a statement therefor shall be placed in the hands of the Town Attorney, and it shall be the duty of the Town Attorney to institute a civil action in the name of the Town of Bargersville to recover the amount thereof, together with a penalty of 10% and a reasonable attorney’s fee, as provided by law.
(D) The rates and charges established by this chapter shall be collected by the town. The town shall make and enforce such rules and regulations as may be deemed necessary for the safe, economical and efficient management of the town’s POTW, including the sewerage system, regulator chambers, pumping stations and sewage treatment plant, for the construction and use of house sewers and connections to the POTW, and for the regulation, collection, rebating and refunding of such rates and charges.
(A) Right of entry; inspection and sampling. The Wastewater Supervisor shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any individual wastewater discharge permit or order issued hereunder. Users shall allow the Wastewater Supervisor ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
(1) Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Wastewater Supervisor shall be permitted to enter without delay for the purposes of performing specific responsibilities.
(2) The Wastewater Supervisor shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
(3) The Wastewater Supervisor may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated as recommended by equipment manufacturer to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or oral request of the Wastewater Supervisor and shall not be replaced. The costs of clearing such access shall be borne by the user.
(5) Unreasonable delays in allowing the Wastewater Supervisor access to the user's premises shall be a violation of this chapter.
(B) Search warrants. If the Wastewater Supervisor has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the town designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Wastewater Supervisor may seek issuance of a search warrant from any court of competent jurisdiction.
(A) Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in § 53.06 within the time limitations specified by EPA, the state, or Wastewater Supervisor, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to Wastewater Supervisor for review, and shall be acceptable to the Wastewater Supervisor before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the town under the provisions of this chapter.
(B) Additional pretreatment measures.
(1) Whenever deemed necessary, the Wastewater Supervisor may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter.
(2) The Wastewater Supervisor may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An individual wastewater discharge permit may be issued solely for flow equalization.
(3) Grease, oil, and sand interceptors shall be provided when, in the opinion of the Wastewater Supervisor, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the Wastewater Supervisor, shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired by the user at their expense.
(4) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
(C) Accidental discharge/slug discharge control plans. The Wastewater Supervisor shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The Wastewater Supervisor may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the Wastewater Supervisor may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:
(1) Description of discharge practices, including nonroutine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the Wastewater Supervisor of any accidental or slug discharge, as required by § 53.11(F) of this chapter; and
(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(D) Hauled wastewater.
(1) Septic tank waste may be introduced into the POTW only at locations designated by the Wastewater Supervisor, and at such times as are established by the Wastewater Supervisor. Such waste shall not violate § 53.06 of this chapter or any other requirements established by the town. The Wastewater Supervisor may require septic tank waste haulers to obtain individual wastewater discharge permits.
(2) The Wastewater Supervisor may require haulers of industrial waste to obtain individual wastewater discharge permits. The Wastewater Supervisor may require generators of hauled industrial waste to obtain individual wastewater discharge permits. The Wastewater Supervisor also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this chapter.
(3) Industrial waste haulers may discharge loads only at locations designated by the Wastewater Supervisor. No load may be discharged without prior consent of the Wastewater Supervisor. The Wastewater Supervisor may collect samples of each hauled load to ensure compliance with applicable standards. The Wastewater Supervisor may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.
(4) Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.
(Ord. 2019-25, passed 11-26-2019)
§ 53.10 INDIVIDUAL WASTEWATER DISCHARGE PERMITS.
(A) Wastewater analysis. When requested by the Wastewater Supervisor, a user must submit information on the nature and characteristics of its wastewater within 60 days of the request. The Wastewater Supervisor is authorized to prepare a form for this purpose and may periodically require users to update this information.
(1) No significant industrial user shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from IDEM.
(2) The Wastewater Supervisor may require other users to obtain individual wastewater discharge permits as necessary to carry out the purposes of this chapter.
(3) The Wastewater Supervisor is authorized to accept or deny new or increased dischargers. A permit from IDEM does not supersede this authority.
(4) Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in §§ 53.14 and 53.15. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
(C) Existing connections. Any user required to obtain an individual wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within 30 days after said date, apply to the IDEM for an individual wastewater discharge permit.
(D) New connections. Any user required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
(Ord. 2019-25, passed 11-26-2019)
§ 53.11 REPORTING REQUIREMENTS.
(A) Baseline monitoring reports.
(1) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Wastewater Supervisor a report which contains the information listed in division (A)(2), below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Wastewater Supervisor a report which contains the information listed in division (B), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2) Users described above shall submit the information set forth below.
(a) All information required in § 53.10(E)(1)(a)1., § 53.10(E)(1)(b), § 53.10(E)(1)(c)1., and § 53.10(E)(1)(f).
(b) Measurement of pollutants.
1. The user shall provide the information required in § 53.10(E)(1)(g)1. through 4.
2. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this division.
3. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the control authority;
4. Sampling and analysis shall be performed in accordance with division (J);
5. The Wastewater Supervisor may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;
6. The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
(c) Compliance certification. A statement, reviewed by the user's authorized representative as defined in § 53.01(e) and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(d) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in division (B) of this section.
(e) Signature and report certification. All baseline monitoring reports must be certified in accordance with (N)(1) of this chapter and signed by an authorized representative as defined in § 53.01(E).
(B) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by division (A)(2)(d) of this chapter:
(1) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
(2) No increment referred to above shall exceed nine months;
(3) The user shall submit a progress report to the Wastewater Supervisor no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and
(4) In no event shall more than nine months elapse between such progress reports to the Wastewater Supervisor.
(C) Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Wastewater Supervisor a report containing the information described in § 53.10(E)(1)(a) and (b) and (A)(2)(b) of this chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in § 53.06(C), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 53.11(N)(1). All sampling will be done in conformance with division (K).
(D) Periodic compliance reports.
(1) Except as specified in division (D)(3), all significant industrial users must, at a frequency determined by the Wastewater Supervisor submit no less than twice per year (June and December) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Wastewater Supervisor or the pretreatment standard necessary to determine the compliance status of the user.
(2) The town may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:
(a) The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.
(b) The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See § 53.10(E)(1)(h).
(c) In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
(d) The request for a monitoring waiver must be signed in accordance with § 53.01(E), and include the certification statement in (N)(1) (40 CFR 403.6(a)(2)(ii)).
(e) Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
(f) Any grant of the monitoring waiver by the Wastewater Supervisor must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the Wastewater Supervisor for three years after expiration of the waiver.
(g) Upon approval of the monitoring waiver and revision of the user's permit by the Wastewater Supervisor, the industrial user must certify on each report with the statement in division (N)(3) below, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.
(h) In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of division (D)(1) or other more frequent monitoring requirements imposed by the Wastewater Supervisor, and notify the Wastewater Supervisor.
(i) This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
(3) The town may reduce a user's requirement for periodic compliance reports to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the state, where the industrial user's total categorical wastewater flow does not exceed the requirements listed in 40 CFR 403.12(e)(3).
(4) All periodic compliance reports must be signed and certified in accordance with division (N)(1) of this section.
(5) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(6) If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Wastewater Supervisor, using the procedures prescribed in division (K) of this section, the results of this monitoring shall be included in the report.
(E) Reports of changed conditions. Each user must notify the Wastewater Supervisor of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 60 days before the change.
(1) The Wastewater Supervisor may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 53.10(E).
(2) The Wastewater Supervisor may issue an individual wastewater discharge permit under § 53.10(N) or modify an existing wastewater discharge permit under § 53.10(K) in response to changed conditions or anticipated changed conditions.
(F) Reports of potential problems.
(1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the Wastewater Supervisor of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
(2) Within five days following such discharge, the user shall, unless waived by the Wastewater Supervisor, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.
(3) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in division (A), above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
(4) Significant industrial users are required to notify the Wastewater Supervisor immediately of any changes at its facility affecting the potential for a slug discharge.
(G) Reports from unpermitted users. All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the Wastewater Supervisor as the Wastewater Supervisor may require.
(H) Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the Wastewater Supervisor within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Wastewater Supervisor within 30 days after becoming aware of the violation. Resampling by the industrial user is not required if the town performs sampling at the user's facility at least once a month, or if the town performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the town receives the results of this sampling, or if the town has performed the sampling and analysis in lieu of the industrial user.
(I) Notification of the discharge of hazardous waste.
(1) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this division need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under division (E) of this section. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of divisions (A), (C), and (D) of this section.
(2) Dischargers are exempt from the requirements of division (I)(1), above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3) In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Wastewater Supervisor, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(4) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(5) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law.
(J) Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Wastewater Supervisor or other parties approved by EPA.
(K) Sample collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
(1) Except as indicated in divisions (K)(2) and (3) below, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Wastewater Supervisor. Where time-proportional composite sampling or grab sampling is authorized by the town, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the town, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(2) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(3) For sampling required in support of baseline monitoring and 90-day compliance reports required in division (A) through (C), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Wastewater Supervisor may authorize a lower minimum. For the reports required by division (D) (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
(L) Date of receipt of reports. Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(M) Recordkeeping. Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with Best Management Practices established under § 53.06(E)(3). Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the town, or where the user has been specifically notified of a longer retention period by the Wastewater Supervisor.
(N) Certification statements.
(1) Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 53.10(F); users submitting baseline monitoring reports under (A)(2)(e); users submitting reports on compliance with the categorical pretreatment standard deadlines under division (C); users submitting periodic compliance reports required by division (D)(1) through (4), and users submitting an initial request to forego sampling of a pollutant on the basis of division (D)(2)(d). The following certification statement must be signed by an authorized representative as defined in § 53.01(E):
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
(2) Annual certification for non-significant categorical industrial users. A facility determined to be a non-significant categorical industrial user by the Wastewater Supervisor pursuant to the definition as laid out in § 53.01 and § 53.10(F)(3) must annually submit the following certification statement signed in accordance with the signatory requirements in § 53.01. This certification must accompany an alternative report required by the Wastewater Supervisor:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR , I certify that, to the best of my knowledge and belief that during the period from , to ,
[months, days, year]:
(a) The facility described as [facility name] met the definition of a non-significant categorical industrial user as described in § 53.01
;
(b) The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
(c) The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
This compliance certification is based on the following information.
"
(3) Certification of pollutants not present. Users that have an approved monitoring waiver based on § 53.11(D)(2) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user.
"Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under § 53.11
(D)(2)."
(Ord. 2019-25, passed 11-26-2019)
§ 53.12 CONFIDENTIAL INFORMATION.
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits and monitoring programs, and from the Wastewater Supervisor's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Wastewater Supervisor, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted in writing at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.
(Ord. 2019-25, passed 11-6-2019)
§ 53.13 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE.
The Wastewater Supervisor shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall be applicable to all significant industrial users (or any other industrial user that violates divisions (C), (D) or (H) of this section) and shall mean:
(A) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in § 53.01;
(B) Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by § 53.06 multiplied by the applicable criteria;
(C) Any other violation of a pretreatment standard or requirement as defined by § 53.06 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Wastewater Supervisor determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
(D) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Wastewater Supervisor's exercise of its emergency authority to halt or prevent such a discharge;
(E) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(F) Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(G) Failure to accurately report noncompliance; or
(H) Any other violation(s), which may include a violation of Best Management Practices, which the Wastewater Supervisor determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 2019-25, passed 11-26-2019)
§ 53.14 ADMINISTRATIVE ENFORCEMENT REMEDIES.
(A) Notification of violation. When the Wastewater Supervisor finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Wastewater Supervisor may serve upon that user a written notice of violation. The notice shall include increased sampling of the parameter in violation within 30 days and the requirement that immediate corrective action to correct the problem. Within five days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Wastewater Supervisor. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Wastewater Supervisor to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(B) Consent orders. The Wastewater Supervisor may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to divisions (D) and (E) of this section and shall be judicially enforceable.
(C) Show cause hearing. The Wastewater Supervisor may order a user which has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Wastewater Supervisor and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail at least ten days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(D) Compliance orders. When the Wastewater Supervisor finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Wastewater Supervisor may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(E) Cease and desist orders. When the Wastewater Supervisor finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Wastewater Supervisor may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(F) Administrative fines.
(1) When the Wastewater Supervisor finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Wastewater Supervisor may fine such user in an amount not to exceed $2,500. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) Unpaid charges, fines, and penalties shall, after 45 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 1% per month. A lien against the user's property shall be sought for unpaid charges, fines, and penalties.
(3) Users desiring to dispute such fines must file a written request for the Wastewater Supervisor to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the Wastewater Supervisor may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Wastewater Supervisor may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(G) Emergency suspensions. The Wastewater Supervisor may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The Wastewater Supervisor may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
(1) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Wastewater Supervisor may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Wastewater Supervisor may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Wastewater Supervisor that the period of endangerment has passed, unless the termination proceedings in division (H) of this section are initiated against the user.
(2) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Wastewater Supervisor prior to the date of any show cause or termination hearing under division (C) or (H) of this section. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(H) Termination of discharge. In addition to the provisions in § 53.10(M), any user who violates the following conditions is subject to discharge termination:
(1) Violation of individual wastewater discharge permit conditions;
(2) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(3) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
(4) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or
(5) Violation of the pretreatment standards in § 53.06.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under division (C) why the proposed action should not be taken. Exercise of this option by the Wastewater Supervisor shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ord. 2019-25, passed 11-26-2019)
§ 53.15 JUDICIAL ENFORCEMENT REMEDIES.
(A) Injunctive relief. When the Wastewater Supervisor finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Wastewater Supervisor may petition the court having jurisdiction through the Town's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The Wastewater Supervisor may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(B) Civil penalties.
(1) A user who has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the town for a maximum civil penalty of $2,500 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(2) The Wastewater Supervisor may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the town.
(3) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(C) Remedies nonexclusive. The remedies provided for in this chapter are not exclusive. The Wastewater Supervisor may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the town's enforcement response plan. However, the Wastewater Supervisor may take other action against any user when the circumstances warrant. Further, the Wastewater Supervisor is empowered to take more than one enforcement action against any noncompliant user.
(Ord. 2019-25, passed 11-26-2019)
§ 53.16 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS.
(A) Upset.
(1) For the purposes of this section, upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
(2) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of division (A)(3), below, are met.
(3) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(a) An upset occurred and the user can identify the cause(s) of the upset;
(b) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and
(c) The user has submitted the following information to the Wastewater Supervisor within 24 hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five days:
1. A description of the indirect discharge and cause of noncompliance;
2. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
3. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(d) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(e) Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
(f) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
(B) Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 53.06(A) or the specific prohibitions in § 53.06(B) if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
(1) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or
(2) No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the town was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.
(C) Bypass.
(1) For the purposes of this section:
(a) Bypass means the intentional diversion of wastestreams from any portion of a user's treatment facility; and
(b) Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
(2) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of divisions (C)(3) and (4) of this section.
(3) Bypass notifications.
(a) If a user knows in advance of the need for a bypass, it shall submit prior notice to the Wastewater Supervisor, at least ten days before the date of the bypass, if possible.
(b) A user shall submit oral notice to the Wastewater Supervisor of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Wastewater Supervisor may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(4) Bypass.
(a) Bypass is prohibited, and the Wastewater Supervisor may take an enforcement action against a user for a bypass, unless:
1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
3. The user submitted notices as required under division (C)(3) of this section.
(b) The Wastewater Supervisor may approve an anticipated bypass, after considering its adverse effects, if the Wastewater Supervisor determines that it will meet the three conditions listed in division (C)(4)(a) of this section.
(Ord. 2019-25, passed 11-26-2019)
§ 53.17 MISCELLANEOUS PROVISIONS.
(A) Pretreatment charges and fees. The town may adopt reasonable fees for reimbursement of costs of setting up and operating the town's pretreatment program, which may include:
(1) Fees for wastewater discharge permit applications including the cost of processing such applications;
(2) Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports and certification statements submitted by users;
(3) Fees for reviewing and responding to accidental discharge procedures and construction;
(4) Fees for filing appeals;
(5) Fees to recover administrative and legal costs (not included in division (A)(2)) associated with the enforcement activity taken by the Wastewater Supervisor to address IU noncompliance; and
(6) Other fees as the Wastewater Supervisor may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the town.
(B) Severability. If any provision of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.
(C) Order of precedence. In situations where there is conflict in the analysis of pollutants or flow between the town and the user, the town's analysis shall prevail.
(Ord. 2019-25, passed 11-26-2019)
§ 53.99 PENALTY.
(A) Any person who violates any provision of this title or any order of the town may be fined not less than one dollar nor more than $2,500 for each offense. Each day a violation continues shall constitute a separate offense. In addition, the town may recover reasonable attorney’s fees, court costs, and other expenses of litigation by appropriate suit at law against the person in violation.
(B) An industrial discharger that discharges a substance that obstructs or damages the POTW will be held financially liable for the damages incurred.
(C) Any person who shall continue any violation beyond the time limit provided for in division (A) of this section, shall be fined in the amount not exceeding $250 for each violation. Each day in which any such violation occurs shall be deemed as a separate offense.
(A) There shall be and hereby are established for the use of and the services rendered by the electric utility of the town, the following rates and charges.
(B) When future changes occur in the cost of purchased power, which changes would cause a change in the purchased power cost adjustment tracking factor calculated in accordance with the order of the Public Service Commission of the state, approved on May 2, 1984, in Cause No. 36825-S2, as may be hereafter amended by the Commission, that factor shall automatically be changed accordingly and the Superintendent of the electric utility of the town shall cause the appropriate documents for approval of the change to be filed with the Commission.
(C) The Town Council hereby elects to receive payments in lieu of property taxes.
(D) The Town Council hereby elects to earn a reasonable return on the electric utility plant.
55.037 Calculations and design standards and specifications
55.038 Drainage easement requirements
55.039 Placement of utilities
55.040 Structures near county regulated drains
55.041 Inspection, maintenance, record keeping, and reporting
55.042
Stormwater Pollution Prevention for Construction Sites
55.060 Applicability and exemptions
55.061 Policy on stormwater pollution prevention
55.062 Calculations and design standards and specifications
55.063 Inspection, maintenance, record keeping, and reporting
Stormwater Quality Management for Post-Construction
55.075 Applicability and exemptions
55.076 Policy on stormwater quality management
55.077 Calculations and design standards and specifications
55.078 Easement requirements
55.079 Inspection, maintenance, record keeping, and reporting
55.080 Conceptual drainage plan review
55.081 Permit procedures
55.082 Information requirements
55.083 Review of individual lots
55.084 Changes to plans
55.085 Fee structure
55.086 Required assurances
55.087 Terms and conditions of permits
55.088 Certification of as-built plans
55.089 Post-project maintenance bond and verifications
Compliance and Enforcement
55.100 Compliance with this chapter
55.101 Enforcement of this chapter
55.102 Cost of abatement of the violation
55.103 Appeals
Definitions
55.110 Abbreviations
55.111 Definitions
GENERAL REQUIREMENTS
§ 55.001 AUTHORITY AND TITLE.
This chapter is adopted in accordance with statutory authority granted to the Town of Bargersville under "Home Rule" and further is required by Phase II of the National Pollutant Discharge Elimination System Stormwater Program (40 CFR Parts 9, 122, 123, and 124; Decembers, 1999) authorized by the 1987 amendments to the Clean Water Act, the Indiana Department of Environmental Management (IDEM) Municipal Separate Storm Sewer System (MS4) draft General Permit (MS4 GP), and the Indiana Department of Environmental Management's draft Construction Stormwater General Permit (CSGP). Based on this authority and these requirements this chapter regulates:
(A) Discharges of prohibited non-stormwater flows into the storm drain system.
(B) Stormwater discharge improvements related to development of lands located within the corporate boundaries of the town.
(C) Drainage control systems installed during new construction and grading of lots and other parcels of land.
(D) Stormwater, including stormwater runoff, snowmelt runoff, and surface runoff drainage, associated with construction activity.
(E) Stormwater discharges from construction support activities directly related to construction sites subject to this chapter.
(F) Erosion and sediment control systems installed during new construction and grading of lots and other parcels of land.
(G) The design, construction, and maintenance of stormwater drainage facilities and systems.
(H) The design, construction and maintenance of stormwater quality facilities and systems.
(A) This chapter shall regulate all development and redevelopment occurring within the town. No permit shall be issued and no land disturbance started for any construction in a development, as defined in this chapter, until the plans required for such construction have been accepted, in writing, by the town. With the exceptions provided for in this chapter, single-family dwellings (attached and detached) within accepted subdivisions, and land disturbing activities less than 10,000 square feet of area shall be exempt from the requirements of this chapter. All land disturbing activities associated with agriculture shall also be exempt from this chapter.
(B) In addition to the requirements of this chapter and its companion Stormwater Technical Standards Manual, compliance with all applicable ordinances of the Town of Bargersville as well as with applicable federal, State of Indiana, and other local statutes and regulations shall also be required. Unless otherwise stated, all other specifications referred to in this chapter shall be the most recent edition available. If the project is located within a Town of Bargersville County Regulated Drain Watershed, the applicant is required to verify requirements of the Johnson County Surveyor's Office to learn if additional requirements, specific to that regulated drain, would apply to the site. In the event of a conflict between requirements contained in this chapter and applicable requirements contained in other regulatory documents, the most restrictive shall prevail.
(C) Any construction project which has had its final drainage plan accepted by the Town of Bargersville within a two-year period prior to the effective date of this chapter shall be exempt from all requirements of this chapter that are in excess of the requirements of ordinances in effect at the time of acceptance. Such an exemption is not applicable to the requirements detailed in this chapter.
(D) The Town of Bargersville has the authority to modify, grant exemptions, and/or waive any and all the requirements of this chapter and its associated technical standards document. A pre-submittal meeting with the Department of Development may be requested by the applicant to discuss the applicability of various provisions of the chapter and its associated technical standards document with regards to unique or unusual circumstances relating to a project. However, any initial determination of such applicability shall not be binding on future determinations of the Town of Bargersville that may be based on the review of more detailed information and plans.
(A) Water bodies, roadways, structures, and other property within the Town of Bargersville are at times subjected to flooding;
(B) Flooding is a danger to the lives and property of the public and is also a danger to the natural resources of the region;
(C) Land development alters the hydrologic response of watersheds, resulting in increased stormwater runoff rates and volumes, increased flooding, increased stream channel erosion, and increased sediment transport and deposition;
(D) Soil erosion resulting from land-disturbing activities causes a significant amount of sediment and other pollutants to be transported off-site and deposited in ditches, streams, wetlands, lakes, and reservoirs;
(E) Increased stormwater runoff rates and volumes, and the sediments and pollutants associated with stormwater runoff from future development projects within the Town of Bargersville will, absent reasonable regulation and control, adversely affect the town's water bodies and water resources;
(F) Pollutant contributions from illicit discharges within the Town of Bargersville will, absent reasonable regulation, monitoring, and enforcement, adversely affect the town's water bodies and water resources;
(G) Stormwater runoff, soil erosion, non-point source pollution, and illicit sources of pollution can be controlled and minimized by the regulation of stormwater management;
(H) Adopting the standards, criteria, and procedures contained and referenced in this chapter and implementing the same will address many of the deleterious effects of stormwater runoff and illicit discharges; and
(I) Adopting this chapter is necessary for the preservation of public health, safety, and welfare, for the conservation of natural resources, and for compliance with state and federal regulations.
The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the Town of Bargersville through the regulation of stormwater and non-stormwater discharges to the storm drainage system and to protect, conserve and promote the orderly development of land and water resources within the town. This chapter establishes methods for managing the quantity and quality of stormwater entering into the storm drain system. The objectives of this chapter are:
(A) To reduce the hazard to public health and safety caused by excessive stormwater runoff;
(B) To regulate the contribution of pollutants to the storm drain system from runoff from new development and redevelopment;
(C) To prohibit illicit discharges into the storm drain system; and
(D) To establish legal authority to carry out all inspection, monitoring, and enforcement procedures necessary to ensure compliance with this chapter.
The Department of Development shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Town of Bargersville to qualified persons or entities acting in the beneficial interest of or in the employ of the town.
(A) The monthly stormwater utility fee shall be a user fee.
(1) Types of properties and accounts.
(a) Residential accounts. These accounts incorporate all residential and agricultural properties within the corporate limits of the town. Including, but not limited to, single- family residential, two-family residential, mobile homes, condominiums, and agricultural properties.
(b) Non-residential accounts. Non-residential accounts shall incorporate commercial, industrial, tax exempt, apartments, and residential common areas located within the corporate boundary.
(2) The monthly user fee shall be a flat rate for all residential accounts. Non-residential accounts shall be based on an equivalent residential unit (ERU). One ERU shall equal 4,110 square feet of impervious surface.
(3) Non-residential monthly user fees shall be determined by using a multiplier, which shall be the quotient obtained by dividing the total square feet of impervious surface area within a non-residential property by a divisor of 4,110 square feet, then rounded to the next whole number. The rounded multiplier will then be multiplied by the non-residential rate to obtain the monthly stormwater management user fee. The monthly stormwater management user fee for a non-residential property located in the district shall not be less than the base non-residential rate.
(4) The monthly user fee shall be established and updated as required by I.C. 36-9-23-26 and the following procedure.
(a) The Stormwater Utility Board shall hold a public hearing regarding the monthly user fee and recommend, by resolution, a rate to the Town Council.
(b) The Bargersville Town Council shall consider the recommended rate increase at a public meeting and adopt all rate modifications by chapter.
(B) Late charge. If the monthly storm water utility fee is not paid by the due date stated on the bill, a late charge of 10% shall be assessed, together with costs of collection, if any, including reasonable attorney fees.
(C) Discount. A discount is available to any residential account customer who pays their stormwater user fee annually. The discount shall be $6 per year ($0.50 per month) if the customer pays the entire annual bill in January of each year. If the discounted rate is applied, the rate shall apply to the property at of the date of payment; if a customer pays annually and sells the property within that one year period no refund shall be applied and the new customer will not be responsible for stormwater fees until January of the following year.
(A) This section shall apply to all discharges, including illegal dumping, entering the storm drain system under the control of the town, regardless of whether the discharge originates from developed or undeveloped lands, and regardless of whether the discharge is generated from an active construction site or a stabilized site. These discharges include flows from direct connections to the storm drain system, illegal dumping, and contaminated runoff.
(B) Stormwater runoff from agricultural, timber harvesting, and mining activities is exempted from the requirements of this section unless determined to contain pollutants not associated with such activities or in excess of standard practices. Farm residences are not included in this exemption.
(C) Any non-stormwater discharge permitted under an NPDES permit, waiver (unless the waiver is solely based on point source considerations, still allowing non-point source discharge of a pollutant), or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for the subject discharge to the storm drain system, is also exempted from this section.
(A) No person shall discharge to a MS4 conveyance, watercourse, or waterbody, directly or indirectly, any substance other than stormwater or an exempted discharge. Any person discharging stormwater shall effectively minimize pollutants from also being discharged with the stormwater, through the use of best management practices (BMP's).
(B) Concrete washout material must be properly contained within an appropriate practice and any waste material properly disposed of.
(C) The town is authorized to require dischargers to implement pollution prevention measures, utilizing BMP's necessary to prevent or reduce the discharge of pollutants into the town's stormwater drainage system.
Notwithstanding other provisions of this chapter, the following categories of non-stormwater discharges of flows are exempted from the requirements of this section.
(A) Water line flushing.
(B) Landscape irrigation.
(C) Diverted stream flows.
(D) Rising ground waters.
(E) Uncontaminated groundwater infiltration.
(F) Uncontaminated pumped groundwater.
(G) Discharges from potable water sources.
(H) Foundation drains.
(I) Air conditioning condensation.
(J) Irrigation water.
(K) Springs.
(L) Water from sump pumps.
(M) Footing drains.
(N) Lawn watering.
(O) Individual residential car washing.
(P) Flows from riparian habitats and wetlands.
(Q) Dechlorinated swimming pool discharges.
(R) Street was water.
(S) Discharges from firefighting activities.
(T) Naturally introduced detritus (e.g. leaves and twigs).
Storage or stockpiling of hazardous or toxic material within any watercourse, or in its associated floodway or floodplain, is strictly prohibited. Storage or stockpiling of hazardous or toxic material, including sewage treatment plant stockpiles, on active construction sites must include adequate protection and/or containment so as to prevent any such materials from entering any temporary or permanent stormwater conveyance or watercourse.
Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse located within their property boundaries, free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.
(A) Any discharger who accidentally discharges into a waterbody any substance other than stormwater or an exempted discharge shall immediately inform the Department of Development concerning the discharge. A written report concerning the discharge shall be filed with the Town of Bargersville and IDEM, by the dischargers, within five days. The written report shall specify:
(1) The composition of the discharge and cause thereof;
(2) The date, time, and estimated volume of the discharge;
(3) All measures taken to clean up the accidental discharge, and all measures proposed to be taken to prevent any recurrence; and
(4) The name and telephone number of a person making the report and the name and telephone number of a person who may be contacted for additional information on the matter.
(B) A properly reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this chapter against a discharger for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief because of or arising out of the discharge. A discharge shall be considered properly reported only if the discharger complies with all the requirements of this section. This requirement does not relieve discharger from notifying other entities as required by state or federal regulations.
(A) Storm drainage system. The town has the authority to periodically inspect the portion of the storm drainage system under the town's control, in an effort to detect and eliminate illicit connections and discharges into the system. This inspection will include a screening of discharges from outfalls connected to the system in order to determine if prohibited flows are being conveyed into the storm drainage system. It could also include spot testing of waters contained in the storm drainage system itself to detect the introduction of pollutants into the system by means other than a defined outfall, such as dumping or contaminated sheet runoff.
(B) Potential polluters. If, as a result of the storm drainage system inspection, a discharger is suspected of an illicit discharge, the town may inspect and/or obtain stormwater samples from stormwater runoff facilities of the subject discharger, to determine compliance with the requirements of this chapter. Upon request, the discharger shall allow the town's properly identified representative to enter upon the premises of the discharger at all hours necessary for the purposes of such inspection or sampling. The town or its properly identified representative may place on the discharger's property the equipment or devices used for such sampling or inspection. Identified illicit connections or discharges shall be subject to enforcement action as described in this chapter.
(C) New development and re-development. Following the final completion of construction and the receipt of as-built drawings by the Department of Development, the town has the authority to inspect new development and redevelopment sites to verify that all on-site stormwater conveyances and connections to the storm drainage system are in compliance with this section.
The storage and controlled release of excess stormwater runoff shall be required for all new business, institutional developments, commercial and industrial developments, residential subdivisions, planned development, rural estate subdivisions, and any redevelopment or other new construction located within the town's corporate boundary. The town, after thorough investigation and evaluation, may waive the requirement of controlled runoff for minor subdivisions and parcelization. Additional potential exemptions regarding the detention requirements are provided under § 55.036
(A) It is recognized that most streams and drainage channels serving the Town of Bargersville do not have sufficient capacity to receive and convey stormwater runoff resulting from continued urbanization. Accordingly, the storage and controlled release of excess stormwater runoff as well as compensation for loss of floodplain storage shall be required for all developments and redevelopments located within the town. Release rate requirements, downstream restriction considerations, acceptable outlet, adjoining property impact considerations, policy on dams and levees, policy on Fluvial Erosion Hazard corridors, and compensatory floodplain storage rates are detailed in the Town of Bargersville Stormwater Technical Standards.
(B) Due to unknowns regarding the future development patterns and the associated proposed stormwater quantity management systems within a watershed, it is the policy of the town to discourage direct release of runoff from a new development or redevelopment without providing detention. However, in rare circumstances, where a comprehensive watershed-wide hydrologic study or watershed plan of a major stream (not a "beat the peak" analysis) adopted by the town substantiates the benefits of (or allows for) direct release for a proposed development located adjacent to a major stream, the detention requirements set in this chapter may be waived. Other special circumstances when such a waiver may be considered by Town of Bargersville Stormwater Utility Board include situations where the design of a regional pond has already taken into account the provision of direct release in certain areas in the watershed.
§ 55.037 CALCULATIONS AND DESIGN STANDARDS AND SPECIFICATIONS.
The calculation methods as well as the type, sizing, and placement of all stormwater facilities shall meet the design criteria, standards, and specifications outlined in the Bargersville Stormwater Technical Standards Manual. The methods and procedures in the Stormwater Technical Standards Manual are consistent with the policy stated above.
No utility company may disturb existing storm drainage facilities without the consent of the Department of Development staff, whose decision may be appealed to the Stormwater Utility Board with authority to grant appeals. All existing drainage facilities shall have senior rights and damage to said facilities shall result in penalties as prescribed in this chapter.
For regulated drains not located in platted subdivisions, unless otherwise accepted by the Johnson County Drainage Board, no permanent structure (including fences) shall be erected within 75 feet measured at right angles from:
(A) The existing top edge of each bank of a regulated open drain, as determined by the Johnson County Drainage Board; or
(B) The center line of a piped regulated drain. The Indiana Drainage Code may be consulted for further details.
§ 55.041 INSPECTION, MAINTENANCE, RECORD KEEPING, AND REPORTING.
(A) After the approval of the stormwater management permit by the town and the commencement of construction activities, the town has the authority to conduct inspections of the work being done to insure full compliance with the provisions of this section, the Stormwater Technical Standards Manual, Design and Construction Standards, and the terms and conditions of the approved permit.
(B) The town also has the authority to perform long-term, post-construction inspection of all public or privately owned stormwater quantity facilities. The inspection will cover physical conditions, available storage capacity, and the operational condition of key facility elements. Stormwater quantity facilities shall be maintained in good condition, in accordance with the designed and approved performance specifications for the facilities, in addition to any prescribed operation and maintenance procedures, and shall not be subsequently altered, revised or replaced except as approved by the town. If deficiencies are found during the inspection, the owner of the facility will be notified by staff and will be required to take all necessary measures to correct such deficiencies. If the owner fails to correct the deficiencies within the allowed time period, as specified in the notification letter, the town will undertake the work and collect from the owner using lien rights if necessary.
(C) Assignment of responsibility for maintaining facilities serving more than one lot or holding shall be documented by appropriate covenants to property deeds, unless responsibility is formally accepted by a public body, and determined before the final stormwater permit is approved.
STORMWATER POLLUTION PREVENTION FOR CONSTRUCTION SITES
§ 55.060 APPLICABILITY AND EXEMPTIONS.
(A) The Town of Bargersville will require a Stormwater Pollution Prevention Plan (SWPPP), which includes erosion and sediment control measures and materials handling procedures, to be submitted as part of a project's construction plans and specifications. Any project located within the corporate boundaries of the town that includes clearing, grading, excavation or other land disturbing activities resulting in the disturbance of 10,000 square feet or more of total land area is subject to the requirements of this section. This includes both new development and re-development. This section also applies to disturbances of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb 10,000 square feet or more of total land area. Section 55.062 provides guidelines for calculating land disturbance. Projects meeting the coverage requirements of IDEM's draft CSGP shall also be in compliance with the requirements contained in that permit.
(B) The requirements under this section do not apply to the following activities, provided other applicable state permits contain provisions requiring immediate implementation of soil erosion and sediment control measures:
(1) Landfills that have been issued a certification of closure under 329 IAC 10.
(2) Coal mining activities permitted under I.C. 14-34.
(3) Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the Indiana Department of Environmental Management (IDEM) under 329 IAC 10 that contains equivalent stormwater requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit.
(C) For an individual lot where land disturbance is expected to be one acre or more, the individual lot owner must complete their own notice of intent letter, apply for a stormwater permit from the town, and ensure that a sufficient construction and stormwater pollution prevention plan is completed and submitted in accordance with §§ 55.080 through 55.089, regardless of whether the individual lot is part of a larger permitted project site. For an individual lot where land disturbance is 10,000 square feet or more but less than one acre, an individual lot plot plan permit application is required prior to receiving a building permit. Details of the permitting process are contained in §§ 55.080 through 55.089.
(D) An individual lot with land disturbance less than 10,000 square feet, located within a larger permitted project site, is considered part of the larger permitted project site, and the individual lot operator must comply with the terms and conditions of the stormwater permit approved for the larger project site. The stormwater permit application for the larger project site must include detailed erosion and sediment control measures for individual lots. In addition, these individual lots are required to submit individual lot plot plan permit applications prior to receiving a building permit. Details of the permitting process are contained in §§ 55.080 through 55.089 and additional requirements for individual lots may be found in the Bargersville Stormwater Technical Standards Manual.
(E) It will be the responsibility of the project site owner to complete a stormwater permit application and ensure that a sufficient construction plan is completed and submitted to the Department of Development in accordance with §§ 55.080 through 55.089. It will be the responsibility of the project site owner to ensure compliance with this chapter during the construction activity and implementation of the construction plan, and to notify the town upon completion of the project and stabilization of the site, requesting a termination inspection to be performed. However, all persons engaging in construction and land disturbing activities on a permitted project site meeting the applicability requirements must comply with the requirements of this section and this chapter.
§ 55.061 POLICY ON STORMWATER POLLUTION PREVENTION.
(A) Effective stormwater pollution prevention on construction sites is dependent on a combination of preventing movement of soil from its original position (erosion control), intercepting displaced soil prior to entering a waterbody (sediment control), and proper on-site materials handling.
(B) For land disturbance of one acre or more, the developer must submit to the town, a SWPPP with detailed erosion and sediment control plans as well as a narrative describing materials handling and storage, and construction sequencing. The SWPPP and the project management log must be retained for at least three years from the date the project permit is terminated. For land disturbances totaling 10,000 square feet or more but less than one acre, appropriate erosion and sediment control measures that are consistent with the Bargersville Stormwater Technical Standards Manual must be designed and shown on the plans.
(C) The required IDEM general and implementation requirements that apply to all land-disturbing activities are contained in the Bargersville Stormwater Technical Standards Manual.
§ 55.062 CALCULATIONS AND DESIGN STANDARDS AND SPECIFICATIONS.
(A) In calculating the total area of land disturbance, for the purposes of determining applicability of this section to a project, the following guidelines should be used:
(1) Off-site construction activities that provide services (for example, road extensions, sewer, water, offsite stockpiles, and other utilities) to a land disturbing project site, must be considered as a part of the total land disturbance calculation for the project site, when the activity is under the control of the project site owner.
(2) To determine if multi-lot project sites are regulated by this section, the area of land disturbance shall be calculated by adding the total area of land disturbance for improvements, such as, roads, utilities, or common areas, and the expected total disturbance on each individual lot, as determined by the following:
(a) For a single-family residential project site where the lots are one-half (0.5) acre or more, a minimum of one-half (0.5) acre of land disturbance must be used as the expected lot disturbance.
(b) For a single-family residential project site where the lots are less than one-half (0.5) acre in size, the total lot must be calculated as being disturbed.
(c) To calculate lot disturbance on all other types of project sites, such as industrial and commercial projects project sites, a minimum of one acre of land disturbance must be used as the expected lot disturbance, unless the lots are less than one acre in size, in which case the total lot must be calculated as being disturbed.
(B) The calculation methods as well as the type, sizing, and placement of all stormwater pollution prevention measures for construction sites shall meet the design criteria, standards, and specifications outlined in the Indiana Stormwater Quality Manual, the Bargersville Stormwater Technical Standards Manual, and the product guidance/specifications of the manufacturer. The methods and procedures included in these two references are in keeping with the above stated policy and meet the requirements of the draft IDEM's CSGP. A Copy of the Indiana Stormwater Quality Manual may be obtained online through IDEM.
(C) The design requirements that would apply to all land-disturbing activities and shall be considered in the selection, design, and implementation of all stormwater quality and management measures contained in the SWPPP are contained in the Bargersville Stormwater Technical Standards Manual.
§ 55.063 INSPECTION, MAINTENANCE, RECORD KEEPING, AND REPORTING.
(A) Following approval of the stormwater management permit or individual lot plot plan permit by the town and commencement of construction activities, the Department of Development has the authority to conduct inspections of the site to ensure full compliance with the provisions of this section, the approved Stormwater Pollution Prevention Plan, the Indiana Stormwater Quality Manual, and the terms and conditions of the approved permit.
(B) A self-monitoring program (SMP) must be implemented by the project site owner to ensure the stormwater pollution prevention plan is working effectively. A trained individual, acceptable to the town, shall monitor and manage project construction and stormwater activities. Details regarding the required monitoring activities are contained in the Bargersville Stormwater Technical Standards Manual.
(C) The stormwater pollution prevention plan shall serve as a guideline for stormwater quality but should not be interpreted to be the only basis for implementation of stormwater quality measures for a project site. The project site owner is responsible for implementing, in accordance with this section, all measures necessary to adequately prevent polluted stormwater runoff. Recommendations by the trained individual for modified stormwater quality measures should be implemented.
STORMWATER QUALITY MANAGEMENT FOR POST-CONSTRUCTION
§ 55.075 APPLICABILITY AND EXEMPTIONS.
(A) In addition to the requirements of §§ 55.060 through 55.063, the stormwater pollution prevention plan, which is to be submitted to the town as part of the stormwater management permit application, must also include post-construction stormwater quality measures. These measures are incorporated as a permanent feature into the site plan and are left in place following completion of construction activities to continuously treat stormwater runoff from the stabilized site. Any project located within the corporate boundaries of the town that includes clearing, grading, excavation, and other land disturbing activities, resulting in the disturbance of 10,000 square feet or more of total land area is subject to the requirements of this section. This includes both new development and re-development, and disturbances of land less than 10,000 square feet of total land area that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb 10,000 square feet or more of total land area. In addition, regardless of the amount of disturbance, the town reserves the right to require pre-treatment BMPs for proposed hot spot developments in accordance with provisions contained in the Bargersville Stormwater Technical Standards Manual.
(B) The requirements under this section do not apply to construction activities associated with single-family residential dwellings disturbing less than one acre, when the dwelling is not part of a larger common plan of development or sale; or individual building lots within a larger permitted project.
(C) The requirements under this section do not apply to the following activities, provided other applicable state permits contain provisions requiring immediate implementation of soil erosion control measures:
(1) Landfills that have been issued a certification of closure under 329 IAC 10.
(2) Coal mining activities permitted under I.C. 14-34.
(3) Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the Indiana Department of Environmental Management under 329 IAC 10 that contains equivalent stormwater requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.
(D) It will be the responsibility of the project site owner to complete a stormwater permit application and ensure that a sufficient construction plan is completed and submitted to the town in accordance with §§ 55.080 through 55.089. It will be the responsibility of the project site owner to ensure proper construction and installation of all stormwater BMP's (especially, the protection of post-stormwater BMPs during construction phase) in compliance with this chapter and with the approved stormwater management permit, and to notify the town upon completion of the project and stabilization of the site, requesting a termination inspection to be performed by the town. However, all eventual property owners of stormwater quality facilities meeting the applicability requirements must comply with the requirements of this section and this chapter.
(A) It is recognized that developed areas, as compared to undeveloped areas, generally have increased imperviousness, decreased infiltration rates, increased runoff rates, and increased concentrations of pollutants such as fertilizers, herbicides, greases, oil, salts and other pollutants. As new development and re-development continues within the corporate boundaries Bargersville, measures must be taken to intercept and filter pollutants from stormwater runoff prior to reaching regional creeks, streams, and rivers. Through the use of appropriate Best Management Practices (BMP's), stormwater runoff will be filtered and harmful amounts of sediment, nutrients, and contaminants will be removed.
(B) It is also recognized that another major source of pollution in many Indiana streams, including those within the corporate boundaries of Bargersville, is the streambank erosion associated with urbanizing watersheds. Stream channels develop their shape in response to the volume and rate of runoff that they receive from their contributing watersheds. Research has shown that in hydrologically stable watersheds, the stream flow responsible for most of the shaping of the channel (called the bankfull flow) occurs between every one to two years. When land is developed, the volume and rate of runoff from that land increases for these comparatively small flooding events that are not normally addressed by the detention practices and the stream channel will adapt by changing its shape. As the stream channel works to reach a new stable shape, excess erosion occurs. As new development and re-development continues within the corporate boundaries of Bargersville, measures must be taken to minimize the impact of such development or re-development on streambank erosion. Through the use of appropriate Best Management Practices (BMP's), the volume and rate of runoff for channel forming flows will be reduced in an attempt to minimize increased streambank erosion in the receiving streams and channels.
(C) The project site owner must submit to the town a Stormwater Pollution Prevention Plan (SWPPP) that shows placement of appropriate BMP(s) from a pre-approved list of BMP's specified in the Bargersville Stormwater Technical Standards Manual. The SWPPP submittal shall include an Operation and Maintenance Manual for all post-construction BMP(s) included in the project and a notarized maintenance agreement, consistent with the sample agreement provided in the Bargersville Stormwater Technical Standards Manual, providing for the long-term maintenance of those BMPs, both of which shall be recorded with the deed for the property on which the project is located. The noted BMP(s) must be designed, constructed, and maintained according to guidelines provided or referenced in the Bargersville Stormwater Technical Standards Manual. Practices other than those specified in the pre-approved list may be utilized. However, the burden of proof, as to whether the performance and ease of maintenance of such practices will be according to guidelines provided in the Bargersville Stormwater Technical Standards Manual, would be placed with the applicant. Details regarding the procedures and criteria for consideration of acceptance of such BMP's are provided in the Bargersville Stormwater Technical Standards Manual.
(D) Gasoline outlets and refueling areas must install appropriate practices to reduce lead, copper, zinc, and polyaromatic hydrocarbons in stormwater runoff. These requirements will apply to all new facilities and existing facilities that replace their tanks, regardless of the size of the facility.
(E) Discharges from new development and redevelopment sites will not be allowed directly into karst features without pretreatment.
§ 55.077 CALCULATIONS AND DESIGN STANDARDS AND SPECIFICATIONS.
The calculation methods as well as the type, sizing, and placement of all stormwater quality management measures, or BMPs shall meet the design criteria, standards, and specifications outlined in the Bargersville Stormwater Technical Standards Manual. The methods and procedures included in the referenced Standards is in keeping with the above stated policy and meet or exceed the requirements of IDEM's MS4 GP.
§ 55.079 INSPECTION, MAINTENANCE, RECORD KEEPING, AND REPORTING.
(A) After the approval of the stormwater management permit by the town and the commencement of construction activities, the town has the authority to conduct inspections of the work being done to ensure full compliance with the provisions of this section, the approved Stormwater Pollution Prevention Plan, the Bargersville Stormwater Technical Standards Manual, and the terms and conditions of the approved permit.
(B) Stormwater quality facilities shall be maintained in good condition, in accordance with the operation and maintenance procedures and schedules listed in the Bargersville Stormwater Technical Standards Manual, in addition to the designed and approved performance specifications for the facilities and shall not be subsequently altered, revised, or replaced except as approved by the town.
(C) Details regarding the required of stormwater BMP maintenance agreement, O&M Maintenance Manual, and a maintenance escrow account and their transfer to other parties or subsequent owners prior to release of the maintenance bond discussed in §§ 55.080 through 55.089 is provided in the Bargersville Stormwater Technical Standards Manual.
(D) The town also has the authority to perform long-term, post-construction inspection of all public or privately owned stormwater quality facilities. The inspection will cover physical conditions, available water quality storage capacity and the operational condition of key facility elements. Noted deficiencies and recommended corrective action will be included in an inspection report.
In order to gain an understanding of the drainage requirements for a specific project, a developer may submit conceptual drainage plans and calculations for review by the town. The direction provided by the town during such a review is based on preliminary data and shall not be construed as an acceptance or binding on either party. The following is a general listing of minimum data requirements for the review of conceptual drainage plans:
(A) A .pdf file of the complete conceptual plans (submitted on a thumb drive or via electronic file transfer) showing general project layout, including existing and proposed drainage systems.
(B) General description of the existing and proposed drainage systems in narrative form.
(C) Map showing on-site floodway and floodway fringe via the Indiana Department of Environmental Management's best available mapping, or independent floodway study.
(D) Map showing all wetlands, lakes, and ponds on or adjacent to the site.
(E) Watershed boundaries with USGS Contours or best information possible.
(F) A. pdf file of the drainage calculations (submitted on a thumb drive or via electronic file transfer) detailing existing and proposed discharges from the site.
(A) This section applies to all development, or re-development of land, that results in land disturbance of one acre or more. Individual lots with land disturbance less than one acre shall refer to §§ 55.060 through 55.063 and §§ 55.075 through 55.079 for plan review requirements and procedures. The Town of Bargersville issues inclusive permits whereas stormwater is reviewed and approved as a part of the building or improvement location permit. These projects do not require a separate stormwater management permit. Projects that are not associated with another permit will be required to obtain a drainage modification permit from the Department of Development.
(1) (a) General procedures. The project site owner shall submit an application for a stormwater management permit to the town. The application will include a completed application checklist, construction plan sheets, a stormwater drainage technical report, a stormwater pollution prevention plan, and any other necessary support information. Specific information to be included in the application can be found in § 55.082 below. Digital copies of all required information must be submitted to the Department of Development in .pdf format via the Citizen's Self Service Portal or provided on a thumb drive. The town may, at its discretion, require submission to the Johnson County Surveyor, or other entity deemed appropriate by the town.
(b) After the town's receipt of the application, the applicant will be notified as to whether their application was complete or insufficient. The applicant will be asked for additional information if the application is insufficient. If the application is complete, it will be reviewed in detail by the town and/or its plan review consultant(s). Once all comments have been received and review completed, the town will either approve the project, request modifications or deny the project. If the applicant does not agree with or accept the review findings and wishes to seek an appeal, staff will place the project on the agenda of the next regularly scheduled meeting of the Bargersville Stormwater Utility Board, provided the agenda for the meeting has not yet been advertised or published. If time for notification does not allow, the project shall be placed on the following regularly scheduled meeting of the Stormwater Utility Board. The town will furnish the applicant a complete list of comments and objections to the plans and accompanying data prior to the scheduled meeting. After the scheduled meeting, the Stormwater Utility Board will either issue a permit, request modifications to the construction plans, or deny the project.
(c) The project site owner must notify the town and IDEM before beginning construction. Notification to the town shall be in the form of an email while the notification to IDEM shall be in the form of an online IDEM NOI submittal. Once a permit has been issued and the pending construction notifications submitted to the town and IDEM before the beginning of construction, construction may commence. Once construction starts, the project owner shall monitor construction activities and inspect all stormwater pollution prevention measures in compliance with this chapter and the terms and conditions of the approved permit. Upon completion of construction activities, a Certification of Completion and Compliance and as-built plans must be submitted to the Department of Development (this should be done at the same time a final inspection is requested). Once the construction site has been stabilized and all temporary erosion and sediment control measures have been removed, a notification shall be sent to the town requesting a termination inspection. The town, or its representative, shall inspect the construction site to verify that the completed project is fully stabilized and meets the requirements of Bargersville's stormwater ordinance and its technical standards and that the terms and conditions of the permit. Once the applicant receives a signed copy of the Termination Inspection Checklist confirming compliance, they must forward a copy to IDEM along with the required IDEM NOT form. Permits issued by the town under this scenario will expire five years from the date of issuance. If construction is not completed within five years, an updated permit application must be submitted to the town and an updated NOI must be resubmitted to IDEM at least 90 days prior to expiration.
(B) SWPPP review time limits. Pursuant to I.C. 13-18-27, an MS4-designated entity or other review authority such as SWCD must make a preliminary determination as to whether the construction plan associated with SWPPP is substantially complete before the end of the tenth working day after the day on which the construction plan associated with SWPPP is submitted to the review authority, in the case of a less than five acres construction activity site or the fourteenth working day after the day on which the construction plan associated with SWPPP is submitted to the review authority, in the case of a five acres or larger construction activity site. Depending on the outcome of the SWPPP review, the following scenarios may play out:
(1) No SWPPP review notification received. If the review authority does not notify of its preliminary determination as to whether the construction plan is substantially complete within either ten or 14 days as noted above, the project site owner may submit a notice of intent letter to IDEM including the information required by IDEM, or this chapter and the Bargersville Stormwater Technical Standards Manual, and after submission of the notice of intent letter to IDEM, may begin the construction project including the land disturbing activities of the construction project.
(2) SWPPP not substantially complete. If the review authority notifies the construction plan is not substantially complete, the project site owner may not submit a notice of intent letter to IDEM until the review authority makes a conclusive favorable determination concerning the construction plan under the IDEM rule/permit, or this chapter and the Bargersville Stormwater Technical Standards Manual.
(3) Unfavorable SWPPP. If the review authority notifies the construction plan is substantially complete; and makes a conclusive unfavorable determination concerning the construction plan under IDEM rule/permit, or this chapter and the Bargersville Stormwater Technical Standards Manual; the land disturbing activities of the construction project must stop when the review authority notifies the project site owner of the review authority's conclusive unfavorable determination concerning the construction plan.
(C) Note that the above time limits only apply to the SWPPP portion of the overall stormwater permit submittal and does not affect any official or non-official permit review timelines set by the entity for other aspects of the stormwater permit application.
(A) Specific projects or activities may be exempt from all or part of the informational requirements listed below. Exemptions are detailed in the "Applicability and Exemptions" sections of this chapter, in §§ 55.015, 55.035, 55.060, and 55.075. If a project or activity is exempt from any or all requirements of this chapter, an application should be filed listing the exemption criteria met, in lieu of the information requirements listed below. This level of detailed information is not required from individual lots, disturbing less than one acre of land, developed within a larger permitted project site. Review and acceptance of such lots is covered under § 55.083.
(B) The different elements of a permit submittal include an application checklist, construction plans, a stormwater drainage technical report, a stormwater pollution prevention plan for active construction sites, a post-construction stormwater pollution prevention plan, and any other necessary supporting information. All plans, reports, calculations, and narratives shall be signed and sealed by a professional engineer or a licensed surveyor, registered in the State of Indiana who also meets the definition of a certified professional
(1) Application checklist. As part of the Bargersville Stormwater Management Permit application package, the application checklist provided in the Bargersville Stormwater Technical Standards Manual must be completed by the applicant and provided along with other required supporting material.
(2) Construction plans. Construction plan sheets (submitted digitally in .pdf format) and an accompanying narrative report shall describe and depict the existing and proposed conditions. Note that in order to gain an understanding of and to evaluate the relationship between the proposed improvements for a specific project section/phase and the proposed improvements for an overall multi-section (phased) project, the detailed information requested herein for the first section/phase being permitted must be accompanied by an overall project plan that includes the location, dimensions, and supporting analyses of all detention/retention facilities, primary conveyance facilities, and outlet conditions. Construction plans must include items listed in the application checklist provided in the Bargersville Stormwater Technical Standards Manual.
(3) Stormwater drainage technical report. A written stormwater drainage technical report must contain a discussion of the steps taken in the design of the stormwater drainage system. Note that in order to gain an understanding of and to evaluate the relationship between the proposed improvements for a specific project section/phase and the proposed improvements for an overall multi-section (phased) project, the detailed information requested herein for the first section/phase being permitted must be accompanied by an overall project plan that includes the location, dimensions, and supporting analyses of all detention/retention facilities, primary conveyance facilities, and outlet conditions. The technical report needs to include items listed in the application checklist provided in the Bargersville Stormwater Technical Standards Manual.
(4) Stormwater pollution prevention plan for construction sites. For sites with total disturbance of one acre or more, a stormwater pollution prevention plan associated with construction activities must be designed to, at least, meet the requirements of this chapter. The SWPPP and construction plans must include the items listed in the application checklist provided in the Bargersville Stormwater Technical Standards Manual. For land disturbances totaling 10,000 square feet or more of land area but less than one acre, appropriate erosion and sediment control measures that are consistent with the Bargersville Technical Standards must be designed and shown on the plans.
(5) Post-construction stormwater pollution prevention plan. For sites with total land disturbance of 10,000 square feet or more of total land area, a post-construction stormwater pollution prevention plan must be designed to, at least, meet the requirements of this chapter and must include the information provided in the Bargersville Stormwater Technical Standards Manual. The post-construction stormwater pollution prevention plan must include items listed in the application checklist provided in the Bargersville Stormwater Technical Standards Manual.
(A) For all individual lots disturbing 10,000 square feet or more but less than one acre, a formal review and issuance of an individual lot plot plan permit will be incorporated into the building permit review process. Similarly, for individual lots disturbing less than 10,000 square feet of total land area, developed within a larger permitted project, a formal review and issuance of an individual lot plot plan permit will be incorporated into the building permit review process. All stormwater management measures necessary to comply with this chapter must be implemented in accordance with the permitted plan for the larger project.
(B) The following information must be submitted to the Department of Development, for review and acceptance, by the individual lot operator, whether owning the property or acting as the agent of the property owner, as part of a request for review and issuance of an individual lot plot plan permit as part of the building permit process.
(1) A site layout for the subject lot and all adjacent lots showing building pad location, dimensions, and elevations, and the drainage patterns and swales.
(2) Erosion and sediment control plan that, at a minimum, includes the following measures:
(a) Installation and maintenance of a stable construction site access.
(b) Installation and maintenance of appropriate perimeter erosion and sediment control measures prior to land disturbance.
(c) Minimization of sediment discharge and tracking from the lot.
(d) Clean-up of sediment that is either tracked or washed onto roads. Bulk clearing of sediment shall not include flushing the area with water. Cleared sediment must be redistributed or disposed of in a manner that is in compliance with all applicable statutes and rules.
(e) Implementation of concrete washout practices that securely contain and allow for the proper disposal of washout waste.
(f) Self-monitoring program including plan and procedures.
(C) Certification of Compliance stating that the individual lot plan is consistent with the stormwater management permit, as approved by the town, for the larger project (if the individual lot is part of a larger permitted project). Name, address, telephone number, and list of qualifications of the trained individual in charge of the mandatory stormwater pollution prevention self-monitoring program for the project site.
(D) The individual lot operator is responsible for the installation and maintenance of all erosion and sediment control measures until the site is adequately stabilized.
Any changes or deviations in the detailed plans and specifications after approval of the applicable stormwater management permit shall be filed with, and accepted by, the town prior to the land development involving the change. Copies of the changes, if accepted, shall be attached to the original plans and specifications.
(A) Fee amount. As a condition of the submittal and review of development plans by the town, the applicant shall complete the appropriate plan review agreements with the Department of Development with respect to review of all drainage submittals, preliminary plats, final plans, construction plans, and accompanying information and data.
(B) Time of payment.
(1) After the meeting at which the town is scheduled to consider acceptance of the applicant's final stormwater management plan, the Department of Development will furnish a written statement to the applicant specifying the total amount due the town in connection with the review of the applicant's submittals, plans and accompanying information and data, including the amount required to be paid by applicant for review.
(2) As a condition of acceptance of final drainage plans by the town, applicant shall pay the sum set forth in said statement. The town may issue such a billing statement before the project advances to the final acceptance stage, and such payment is due by applicant upon receipt of said billing statement regardless of whether the project is advanced to the final acceptance stage.
(3) The town shall have the right to not accept the drainage improvements or to not approve the advancement of any project for which the applicable fees have not been paid.
(C) Method of payment. Review fees shall be paid by one of the following methods:
(1) Check, certified check, cashier's check, money order, or cash may be physically brought to the Bargersville Utility Billing Office (136 E Harriman Ave; Bargersville IN 46106). The invoice that was issued by the Department of Development must accompany physical payments to the utility office. All checks shall be made payable to the Town of Bargersville.
(2) ACH and credit card payment may be made on the Town of Bargersville Citizen Self Service portal. Electronic payment methods may be subject to a convenience fee as determined by the Bargersville Town Council and the Bargersville Office of the Clerk-Treasurer.
(D) Refund of payment. Fees are refundable only if the town determines that compliance with this chapter is not necessary.
(E) Fee schedule. Stormwater Permit Application and Inspection Fees will be in accordance with the fee schedule set by the Bargersville Town Council.
This section shall apply to all projects whether the stormwater management system or portions thereof will be dedicated to the town or retained privately. As a condition of approval and issuance of the permit, the town shall require the applicant to provide assurance in form of an irrevocable letter of credit or a bond when the stormwater management plan has been accepted and before construction begins. Said assurance will guarantee a good faith execution of the stormwater drainage plan, the stormwater pollution prevention plan, the stormwater quality management plan, and any permit conditions. The assurance shall be for an amount equal to 120% of the total costs of all stormwater management measures for the entire project. The above-mentioned costs shall be based on an estimate as prepared by a registered engineer or land surveyor. Said costs shall be for the installation and ongoing monitoring and maintenance of erosion control measures and the construction and ongoing monitoring and maintenance of storm drainage infrastructure, detention/retention facilities, and stormwater quality BMP's, as regulated under this chapter, until the construction is completed, the site is stabilized, and as-built plans are accepted by the town. Assurances shall be for a minimum of $5,000. All other performance bonds, maintenance bonds or other assurances required by the town in accordance with this code shall also apply and so be required. The intent of this assurance is not only to complete the installation of storm drain infrastructure for the project, but also to assure that adequate stormwater pollution prevention measures are properly installed and maintained. If adequate assurances are set aside by the project site owner for the overall project, proof of total assurance can be submitted in place of an individual stormwater assurance.
(A) In granting a stormwater management permit, the town may impose such terms and conditions as are reasonably necessary to meet the purposes of this chapter. The project site owner shall insure compliance with such terms and conditions. Non-compliance with the terms and conditions of permits will be subject to enforcement as described in §§ 55.100 through 55.103.
(B) The project site owner shall inform all general contractor, construction management firms, grading or excavating contractors, utility contractors, and the contractors that have primary oversight on individual building lots of the terms and conditions of the stormwater management permit and the schedule for proposed implementation.
(C) In the event that a project site is determined to impact or discharge to a sensitive area or is located in an impact drainage area, the town may require more stringent stormwater quantity and quality measures than detailed in this chapter or in the Indiana Stormwater Quality Manual.
(1) Determination of sensitive areas. Sensitive areas include highly erodible soils, wetlands, karst areas, threatened or endangered species habitat, outstanding waters, impaired waters, recreational waters, and surface drinking water sources. Any discharge from a stormwater practice that is a Class V injection well shall meet the Indiana groundwater quality standards and registered with US EPA as required by the IDEM. If wetlands are suspected on a site, a wetland delineation should be completed in accordance with the methodology established by the U.S. Army Corps of Engineers (COE). The need for the applicant to check for the presence of threatened or endangered species habitat will be determined on a case-by-case basis. Special terms and conditions for development determined to impact or discharge to any sensitive area shall be included in the stormwater management permit.
(2) Determination of impact drainage areas.
(a) The following areas shall be designated as impact drainage areas, unless good reason for not including them is presented to the town.
1. A floodway or floodplain as designated by the most updated FEMA Code dealing with floodplain regulation and / or by the Best Available Data through IDNR.
2. Land within 25 feet of each bank of any ditch within the Town of Bargersville's system.
3. Land within 15 feet of the centerline of any stormwater infrastructure or enclosed conduit within the town's system.
4. Land within 75 feet of each bank of a county open regulated drain.
5. Land within 50 feet of a natural drainageway.
6. Land within 75 feet of the centerline of any tiled regulated drain.
7. Land within the Fluvial Erosion Hazard (FEH) corridor.
8. Land within the expected breach inundation zone of an existing or proposed new dam, and areas protected from flooding by a levee.
(b) The town or Town's Engineer is authorized, but is not required, to classify certain geographical areas as impact drainage areas. In determining impact drainage areas, the town may consider such factors as topography, soil type, capacity of existing drains, and distance from adequate drainage facility.
(c) Land that does not have an adequate outlet, taking into consideration the capacity and depth of the outlet, may be designated as an impact drainage area by the town. Special terms and conditions for development within any impact drainage area shall be included in the stormwater management permit.
(3) Determination of designated drainage areas served by regional facilities. The town is authorized, but is not required, to classify certain geographical areas as designated drainage areas that are or will be served by regional facilities, such as a regional pond. In such cases, an Infrastructure Development Fee (IDF) rate may be established for the designated drainage area. The basis for determining such a fee for a proposed development or redevelopment within a designated drainage area will be as detailed in the Bargersville Stormwater Technical Standards Manual.
This section shall apply to all projects whether the stormwater management system or portions thereof will be dedicated to the town or retained privately. After completion of construction of the project and before the release of required performance assurances referenced in § 55.086 above, a professionally prepared and certified 'as-built' set of plans (record drawings) shall be submitted to the town for review. These as-built plans/record drawings must be prepared and certified by the Engineer of Record, i.e., the company/engineer who originally prepared the construction plans. Additionally, a digital copy of the 'as-built' plans (record drawings) as well as finalized digital versions of all analyses, models, manuals, and reports that are consistent with the as-built conditions is required in both .pdf and .cad formats. These plans shall include all pertinent data relevant to the completed storm drainage system and stormwater management facilities, and shall include the following in addition to the standards outlined in § 6.12(B)(3) of the Unified Development Code:
(A) Pipe size and pipe material;
(B) Invert elevations;
(C) Top rim elevations;
(D) Elevation of the emergency overflow (spillway) for ponds;
(E) Grades along the emergency flood routing path(s);
(F) Pipe structure lengths;
(G) BMP types, dimensions, and boundaries/easements;
(H) "As-planted" plans for BMP's, as applicable;
(I) Data and calculations showing detention basin storage volume;
(J) Data and calculations showing BMP treatment capacity; and
(K) Certified statement on plans stating the completed storm drainage system and stormwater management facilities substantially comply with construction plans and the Stormwater Management Permit as approved by the town of Bargersville. (See certificate in the Stormwater Technical Standards Manual.
§ 55.089 POST-PROJECT MAINTENANCE BOND AND VERIFICATIONS.
(A) In addition to as-built plans and the certification of completion and compliance, following the release of performance assurances, the property owner, developer, or contractor shall be required to file a three-year maintenance bond or other acceptable guarantee with the town in accordance with § 6.23(D) of the Unified Development Code in order to assure that such stormwater system installation was done according to standards of good workmanship, that the materials used in the construction and installation were of good quality and construction, and that such project was done in accordance with the accepted plans, and this chapter and that any off-site drainage problems that may arise, whether upstream or downstream of such project, will be corrected if such drainage problems are determined by the town to have been caused by the development of such project. The bond or other acceptable guarantee shall be in effect for a period of three years after the date of the release of required performance assurances referenced in § 55.086 above. The beneficiary of all maintenance bonds shall be the Town Council of the Town of Bargersville, Indiana.
(B) To verify that all stormwater infrastructure is functioning properly, visual recordings (via closed circuit television) of such infrastructure, including all subsurface drains, shall be required twice, once following the completion of installation of the stormwater management system and submittal of as-builts, and the second time before release of maintenance bonds. These visual recordings will be scheduled through the Department of Development and paid for by the developer. Notices shall be provided to the Department of Development within 72 hours following the completion of installation and again at least 60 days prior to the expiration date of the maintenance bond so that the noted recordings may be scheduled. Reports summarizing the results of the noted visual recordings shall be reviewed and accepted by the town before the plat is recommended for recording and again before the maintenance bond shall be recommended to be released.
(C) Additional requirements for transfer of any applicable stormwater BMP Maintenance Agreement, O&M Maintenance Manual, and Maintenance Escrow accounts to subsequent owners prior to release of the maintenance bond is discussed in §§ 55.075 through 55.079.
In addition to the requirements of this chapter, compliance with the requirements set forth elsewhere in the Bargersville Unified Development Code is also necessary. Compliance with all applicable ordinances of the town as well as with applicable State of Indiana statutes and regulations shall also be required. Unless otherwise stated, all other specifications referred to in this chapter shall be the most recent edition available. Violations of the requirements of this chapter are subject to the penalties listed below.
(A) Violations. Any action or inaction which violates the provisions of this chapter, the requirements of an approved stormwater management design plan or permit, and/or the requirements of a recorded stormwater maintenance agreement may be subject to the enforcement actions outlined in this section. Any such action or inaction is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.
(B) Warning notice. When the town finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the town may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this section shall limit the authority of the town to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.
(1) If the town determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management design plan, a recorded stormwater management maintenance agreement, or the provisions of this chapter, it shall issue a written notice of violation to such applicant or other responsible person and the owner of the property. Where a person is engaged in activity covered by this chapter without having first secured a permit therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.
(2) The notice of violation can be in the form of a citation ticket and/or a written letter that would contain detailed inspection findings, conclusions of law, disposition of warning or fines assessed, stipulated remedial actions as discussed with the responsible party representative, reasonable deadlines for those remedial actions, and the date of re-inspection.
(B) Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the town may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, public education, etc.
(C) Civil penalties for violations.
(1) Any person found in violation of any provision of this chapter shall be responsible for a civil infraction and subject to a maximum fine of $2,500 for each offense, plus costs, damages, and expenses. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this chapter.
(2) Any person who aids or abets a person in a violation of this chapter shall be subject to the penalties provided in this section.
(3) For purposes of this section, SUBSEQUENT OFFENSE means a violation of the provisions of this chapter committed by the same person within 12 months of a previous violation of the same provision of this chapter for which said person admitted responsibility or was adjudicated to be responsible.
(4) The town has established an enforcement response schedule that standardizes the approach the town may take in dealing with stormwater regulations offenses subject to this chapter and the associated technical standards document. The enforcement response schedule is as noted in the following table:
Offence #
Type of Response Anticipated
Offence #
Type of Response Anticipated
1st offense
Verbal Telephone Notice, Letter of Violation or Written Warning and Administrative Penalty
2nd offense
Letter of Violation, Administrative Penalty and/or Site Visit
3rd offense
Letter of Violation, Administrative Penalty and/or Site Visit
4th offense
Letter of Violation, Administrative Penalty and/or Site Visit
5th offense
Agreed Order, Administrative Penalty and/or Site Visit
6th offense
Administrative Order, Administrative Penalty and/or Site Visit
7th offense
Compliance Schedule, Administrative Penalty and/or Site Visit
8th offense
Litigation and Administrative Penalty
(5) The administrative penalties shall be assessed on a per violation, per offense basis. The schedule of penalties is summarized in the following table:
Offense #
Penalty
1st offense
$250
2nd offense
$500
3rd offense
$1,000
4th offense
$2,500
(6) The town reserves the right to issue a maximum fine for any violation deemed sufficiently egregious or otherwise determined by the town to warrant a maximum penalty.
(D) Stop work order.
(1) In addition to the penalties listed above, if land disturbance activities are conducted contrary to the provisions of this chapter or accepted final stormwater management plans, the town may order the work stopped by notice in writing served on any person engaged in the doing or causing of such work to be done, and any such persons shall forthwith stop such work until authorized by the town to proceed with the work. A stop work order will be executed as specified in § 7.4(E) of the Unified Development Code.
(2) Any person who neglects or fails to comply with a stop work order shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not less than $1,000, and such person shall also pay such costs as may be imposed in the discretion of the court. A permit reinstatement fee will be assessed by the town.
(3) For construction projects that are operating under a SWPPP approved by the town, if a stop work order is issued on the grounds that the erosion and sediment control measures included in the construction plan are not adequate, the project site owner must be notified in writing of the inadequacies in the erosion and sediment control measures and the project site owner has 72 hours after receiving written notice to resolve the identified inadequacies before the stop work order can take effect.
(4) The 72 hour period to resolve identified inadequacies on a construction project does not apply if the stop work order is issued to a construction project where the project site owner is creating a public health hazard or safety hazard.
(E) Withhold certificate of occupancy. The town may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise satisfied the requirements of this chapter as determined by the town.
(F) Suspension, revocation, or modification of permits. The town may suspend, revoke, or modify any existing permit that the violator may also have been previously granted. A suspended, revoked, or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated upon such conditions as the town may deem necessary to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.
(G) Suspension of access to the stormwater drainage system.
(1) Emergency cease and desist orders.
(a) When the town finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the town may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to immediately comply with all ordinance requirements and take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.
(b) Any person notified of an emergency order directed to it under this section shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the town may take such steps as deemed necessary to prevent or minimize harm to the stormwater drainage system or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection, or other municipal utility services.
(2) Suspension due to illicit discharges in emergency situations. The town may, without prior notice, suspend stormwater drainage system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the stormwater drainage system or waters of the state if the violator fails to comply with a suspension order issued in an emergency, the town may take such steps as deemed necessary to prevent or minimize damage to the stormwater drainage system or waters of the state, or to minimize danger to persons.
(3) Suspension due to the detection of illicit discharge. Any person discharging to the stormwater drainage system in violation of this chapter may have their stormwater drainage system access terminated if such termination would abate or reduce an illicit discharge. The town will notify a violator of the proposed termination of its stormwater drainage system access. The violator may petition the Stormwater Utility Board for a reconsideration and hearing. A person commits an offense if the person reinstates stormwater drainage system access to premises terminated pursuant to this section, without the prior approval of the Stormwater Utility Board.
(4) Criminal penalties for violations. For intentional and flagrant violations of this chapter, the town may issue a notice to the applicant or other responsible person and the owner of the property, requiring such person to appear in the Circuit or Superior Court of Johnson County to answer charges for such violation. Upon conviction, such person shall be punished by a fine as set by the Bargersville Town Council, plus costs, damages, and expenses or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
(A) In addition to any other remedies, should any owner fail to comply with the provisions of this chapter, the town may, after giving notice and opportunity for compliance, have the necessary work done, and the owner shall be required to promptly reimburse the town for all costs of such work.
(B) Nothing herein contained shall prevent the town from taking such other lawful action as may be necessary to prevent or remedy any violation. All costs connected therewith shall accrue to the person or persons responsible. Costs include, but are not limited to, repairs to the stormwater drainage system made necessary by the violation, as well as those penalties levied by the EPA or IDEM for violation of the town's NPDES permit, administrative costs, attorney fees, court costs, and other costs and expenses associated with the enforcement of this chapter, including sampling and monitoring expenses.
(C) If the amount due for abatement of the violation is not paid within a timely manner as determined by the decision of the town or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
(A) Appeal of notice of violation. Any person to whom any provision of this chapter has been applied may appeal in writing, not later than 30 days after the action or decision being appealed from, to the Stormwater Utility Board of the Town of Bargersville the action or decision whereby any such provision was so applied. Such appeal shall identify the matter being appealed, and the basis for the appeal. The Stormwater Utility Board of the Town of Bargersville shall consider the appeal and make a decision whereby it affirms, rejects or modifies the action being appealed. In considering any such appeal, the Stormwater Utility Board may consider the recommendations of the town staff and the comments of other persons having knowledge of the matter. In considering any such appeal, the Stormwater Utility Board may grant a variance from the terms of this chapter to provide relief, in whole or in part, from the action being appealed, but only upon finding that the following requirements are satisfied:
(1) The application of the chapter provisions being appealed will present or cause practical difficulties for a development or development site; provided, however, that practical difficulties shall not include the need for the developer to incur additional reasonable expenses in order to comply with the chapter; and
(2) The granting of the relief requested will not substantially prevent the goals and purposes of this chapter, nor result in less effective management of stormwater runoff.
(B) Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within five days of the decision of the Stormwater Utility Board upholding the decision of the town, then representatives of the town shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the town or its designated contractor to enter upon the premises for the purposes set forth above.
AGRICULTURAL LAND DISTURBING ACTIVITY. Tillage, planting, cultivation, or harvesting operations for the production of agricultural or nursery vegetative crops. The term also includes pasture renovation and establishment, the construction of agricultural conservation practices, and the installation and maintenance of agricultural drainage tile.
BASE FLOW. Stream discharge derived from groundwater sources as differentiated from surface runoff. Sometimes considered to include flows from regulated lakes or reservoirs.
BEST MANAGEMENT PRACTICES. Design, construction, and maintenance practices and criteria for stormwater facilities that minimize the impact of stormwater runoff rates and volumes, prevent erosion, and capture pollutants.
BUFFER STRIP. An existing, variable width strip of vegetated land intended to protect water quality and habitat.
CAPACITY (OF A STORM DRAINAGE FACILITY). The maximum flow that can be conveyed or stored by a storm drainage facility without causing damage to public or private property.
CATCH BASIN. A chamber usually built at the curb line of a street for the admission of surface water to a storm drain or subdrain, having at its base a sediment sump designed to retain grit and detritus below the point of overflow.
CERTIFIED PROFESSIONALS. Individuals who are trained and experienced in the principles of stormwater management, including erosion and sediment control as is demonstrated by completion of state registration, or professional certification that enable the individual to make judgments regarding stormwater management, treatment, and design.
CHANNEL. A portion of a natural or artificial watercourse which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water. It has a defined bed and banks which serve to confine the water.
COMPREHENSIVE STORMWATER MANAGEMENT. A comprehensive stormwater program for effective management of stormwater quantity and quality throughout the community.
CONSTRUCTED WETLAND. A manmade shallow pool that creates growing conditions suitable for wetland vegetation and is designed to maximize pollutant removal.
CONSTRUCTION ACTIVITY. Land disturbing activities, and land disturbing activities associated with the construction of infrastructure and structures. This term does not include routine ditch or road maintenance or minor landscaping projects.
CONSTRUCTION SITE ACCESS. A stabilized stone surface at all points of ingress or egress to a project site, for the purpose of capturing and detaining sediment carried by tires of vehicles or other equipment entering or exiting the project site.
CONSTRUCTION SUPPORT ACTIVITIES. Include but are not limited to the following: concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas. Such activities must not support multiple, unrelated projects, be a commercial/industrial operation, or continue to operate beyond the completion of the construction activity for the project it supports.
CONTIGUOUS. Adjoining or in actual contact with.
CONTOUR. An imaginary line on the surface of the earth connecting points of the same elevation.
CONTOUR LINE. Line on a map which represents a contour or points of equal elevation.
CONTRACTOR OR SUBCONTRACTOR. An individual or company hired by the project site or individual lot owner, their agent, or the individual lot operator to perform services on the project site.
CONVEYANCE. Any structural method for transferring stormwater between at least two points. The term includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains, and roadways.
CROSS SECTION. A graph or plot of ground elevation across a stream valley or a portion of it, usually along a line perpendicular to the stream or direction of flow.
CULVERT. A closed conduit used for the conveyance of surface drainage water under a roadway, railroad, canal or other impediment.
DECHLORINATED SWIMMING POOL DISCHARGE. Chlorinated water that has either sat idle for seven days following chlorination prior to discharge to the MS4 conveyance, or, by analysis, does not contain detectable concentrations (less than five-hundredths (0.05) milligram per liter) of chlorinated residual.
DESIGN STORM. A selected storm event, described in terms of the probability of occurring once within a given number of years, for which drainage or flood control improvements are designed and built.
DETENTION. Managing stormwater runoff by temporary holding and controlled release.
DETENTION BASIN. A facility constructed or modified to restrict the flow of stormwater to a prescribed maximum rate, and to detain concurrently the excess waters that accumulate behind the outlet.
DETENTION STORAGE. The temporary detaining of storage of stormwater in storage facilities, on rooftops, in streets, parking lots, school yards, parks, open spaces or other areas under predetermined and controlled conditions, with the rate of release regulated by appropriately installed devices.
DETENTION TIME. The theoretical time required to displace the contents of a tank or unit at a given rate of discharge (volume divided by rate of discharge).
DETRITUS. Dead or decaying organic matter; generally contributed to stormwater as fallen leaves and sticks or as dead aquatic organisms.
DEVELOPER. Any person financially responsible for construction activity, or an owner of property who sells or leases, or offers for sale or lease, any lots in a subdivision.
DEVELOPMENT.
(1) Any man-made change to improved or unimproved real estate including but not limited to:
(a) Construction, reconstruction, or placement of a building or any addition to a building;
(b) Construction of flood control structures such as levees, dikes, dams or channel improvements;
(c) Construction or reconstruction of bridges or culverts;
(d) Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a recreational vehicle on a site for more than 180 days;
(e) Installing utilities, erection of walls, construction of roads, or similar projects;
(f) Mining, dredging, filling, grading, excavation, or drilling operations;
(g) Storage of materials; or
(h) Any other activity that might change the direction, height, or velocity of flood or surface waters.
(2) DEVELOPMENT does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing, resurfacing roads, or gardening, plowing and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings.
DISCHARGE. Usually the rate of water flow. A volume of fluid passing a point per unit time commonly expressed as cubic feet per second, cubic meters per second, gallons per minute, or millions of gallons per day.
DISPOSAL. The discharge, deposit, injection, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that the solid waste or hazardous waste, or any constituent of the waste, may enter the environment, be emitted into the air, or be discharged into any waters, including ground waters.
DITCH. A man-made, open watercourse in or into which excess surface water or groundwater drained from land, stormwater runoff, or floodwaters flow either continuously or intermittently.
DRAIN. A buried slotted or perforated pipe or other conduit (subsurface drain) or a ditch (open drain) for carrying off surplus groundwater or surface water.
DRAINAGE. The removal of excess surface water or groundwater from land by means of ditches or subsurface drains. Also see NATURAL DRAINAGE.
DRAINAGE AREA. The area draining into a stream at a given point. It may be of different sizes for surface runoff, subsurface flow and base flow, but generally the surface runoff area is considered as the drainage area.
DRY WELL. A type of infiltration practice that allows stormwater runoff to flow directly into the ground via a bored or otherwise excavated opening in the ground surface.
DURATION. The time period of a rainfall event.
ENVIRONMENT. The sum total of all the external conditions that may act upon a living organism or community to influence its development or existence.
ERODIBILITY INDEX (EI). The soil erodibility index (EI) provides a numerical expression of the potential for a soil to erode considering the physical and chemical properties of the soil and the climatic conditions where it is located. The higher the index, the greater the investment needed to maintain the sustainability of the soil resource base if intensively cropped. It is defined to be the maximum of (RxKxLS)/T (from the Universal Soil Loss Equation) and (CxI)/T (from the Wind Erosion Equation), where R is a measure of rainfall and runoff, K is a factor of the susceptibility of the soil to water erosion, LS is a measure of the combined effects of slope length and steepness, C is a climatic characterization of windspeed and surface soil moisture and I is a measure of the susceptibility of the soil to wind erosion. Erodibility Index scores equal to or greater than eight are considered highly erodible land.
EROSION. The wearing away of the land surface by water, wind, ice, gravity, or other geological agents. The following terms are used to describe different types of water erosion:
(1) ACCELERATED EROSION. Erosion much more rapid than normal or geologic erosion, primarily as a result of the activities of man.
(2) CHANNEL EROSION. An erosion process whereby the volume and velocity of flow wears away the bed and/or banks of a well-defined channel.
(3) GULLY EROSION. An erosion process whereby runoff water accumulates in narrow channels and, over relatively short periods, removes the soil to considerable depths, ranging from one to two feet to as much as 75-100 ft.
(4) RILL EROSION. An erosion process in which numerous small channels only several inches deep are formed; occurs mainly on recently disturbed and exposed soils (see Rill).
(5) SPLASH EROSION. The spattering of small soil particles caused by the impact of raindrops on wet soils; the loosened and spattered particles may or may not be subsequently removed by surface runoff.
(6) SHEET EROSION. The gradual removal of a fairly uniform layer of soil from the land surface by runoff water.
EROSION AND SEDIMENT CONTROL. A practice, or a combination of practices, to minimize sedimentation by first reducing or eliminating erosion at the source and then as necessary, trapping sediment to prevent it from being discharged from or within a project site.
FILTER STRIP. Usually a long, relatively narrow area (usually, 20-75 feet wide) of undisturbed or planted vegetation used near disturbed or impervious surfaces to filter stormwater pollutants for the protection of watercourses, reservoirs, or adjacent properties.
FLOATABLE. Any solid waste that will float on the surface of the water.
FLOOD or (FLOOD WATERS). A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
FLOODPLAIN. The channel proper and the areas adjoining the channel which have been or hereafter may be covered by the regulatory or 100-year flood. Any normally dry land area that is susceptible to being inundated by water from any natural source. The floodplain includes both the floodway and the floodway fringe districts.
FLOODWAY. The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flow of the regulatory flood of any river or stream.
FLOODWAY FRINGE. That portion of the flood plain lying outside the floodway, which is inundated by the regulatory flood.
FLUVIAL EROSION HAZARDS (FEH) CORRIDOR. Fluvial Erosion Hazard corridors represent the areas along the streams (including the channel and immediate overbanks areas) that are believed to be subject to stream movement or streambank erosion. These corridors have been delineated for most actively migrating and relatively stationary streams in Indiana through an Indiana Silver Jackets initiative.
FOOTING DRAIN. A drain pipe installed around the exterior of a basement wall foundation to relieve water pressure caused by high groundwater elevation.
GARBAGE. All putrescible animal solid, vegetable solid, and semisolid wastes resulting from the processing, handling, preparation, cooking, serving, or consumption of food or food materials.
GASOLINE OUTLET. An operating gasoline or diesel fueling facility whose primary function is the resale of fuels. The term applies to facilities that create 5,000 or more square feet of impervious surface, or generate an average daily traffic count of 100 vehicles per 1,000 square feet of land area.
GEOGRAPHICAL INFORMATION SYSTEM. A computer system capable of assembling, storing, manipulation, and displaying geographically referenced information. This technology can be used for resource management and development planning.
GRADE.
(1) The inclination or slope of a channel, canal, conduit, etc., or natural ground surface usually expressed in terms of the percentage the vertical rise (or fall) bears to the corresponding horizontal distance.
(2) The finished surface of a canal bed, roadbed, top of embankment, or bottom of excavation; any surface prepared to a design elevation for the support of construction, such as paving or the laying of a conduit.
(3) To finish the surface of a canal bed, roadbed, top of embankment, or bottom of excavation, or other land area to a smooth, even condition.
GRADING. The cutting and filling of the land surface to a desired slope or elevation.
GRASS. A member of the botanical family Graminae, characterized by blade-like leaves that originate as a sheath wrapped around the stem.
GROUNDWATER. Accumulation of underground water, natural or artificial. The term does not include manmade underground storage or conveyance structures.
HABITAT. The environment in which the life needs of a plant or animal are supplied.
HIGHLY ERODIBLE LAND (HEL). Land that has an erodibility index of eight or more.
HOT SPOT DEVELOPMENT. Projects involving land uses considered to be high pollutant producers such as vehicle service and maintenance facilities, vehicle salvage yards and recycling facilities, vehicle and equipment cleaning facilities, fleet storage areas for buses, trucks, etc., industrial/commercial or any hazardous waste storage areas or areas that generate such wastes, industrial sites, restaurants and convenience stores, any activity involving chemical mixing or loading/unloading, outdoor liquid container storage, public works storage areas, commercial container nurseries, and some high traffic retail uses characterized by frequent vehicle turnover.
HYDROLOGIC UNIT CODE. A numeric United States Geologic Survey code that corresponds to a watershed area. Each area also has a text description associated with the numeric code.
HYDROLOGY. The science of the behavior of water in the atmosphere, on the surface of the earth, and underground. A typical hydrologic study is undertaken to compute flow rates associated with specified flood events.
ILLICIT DISCHARGE. Any discharge to a conveyance that is not composed entirely of stormwater except naturally occurring floatables, such as leaves or tree limbs.
IMPAIRED WATERS. Waters that do not or are not expected to meet applicable water quality standards, as included on IDEM's CWA Section 303(d) List of Impaired Waters.
IMPERVIOUS SURFACE. Surfaces, such as pavement and rooftops, which prevent the infiltration of stormwater into the soil.
INDIVIDUAL BUILDING LOT. A single parcel of land within a multi-parcel development.
INDIVIDUAL LOT OPERATOR. A contractor or subcontractor working on an individual lot.
INDIVIDUAL LOT OWNER. A person who has financial control of construction activities for an individual lot.
INFILTRATION. Passage or movement of water into the soil. Infiltration practices include any structural BMP designed to facilitate the percolation of runoff through the soil to groundwater. Examples include infiltration basins or trenches, drywells, and porous pavement.
INLET. An opening into a storm drain system for the entrance of surface stormwater runoff, more completely described as a storm drain inlet.
LAND-DISTURBING ACTIVITY. Any man-made change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, transporting and grading.
LAND SURVEYOR. A person licensed under the laws of the State of Indiana to practice land surveying.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE. A plan, undertaken by a single project site owner or a group of project site owners acting in concert, to offer lots for sale or lease; where such land is contiguous, or is known, designated, purchased or advertised as a common unit or by a common name, such land shall be presumed as being offered for sale or lease as part of a larger common plan. The term also includes phased or other construction activity by a single entity for its own use.
LOWEST ADJACENT GRADE. The elevation of the lowest grade adjacent to a structure, where the soil meets the foundation around the outside of the structure (including structural members such as basement walkout, patios, decks, porches, support posts or piers, and rim of the window well).
LOWEST FLOOR. Refers to the lowest of the following:
(1) The top of the basement floor;
(2) The top of the garage floor, if the garage is the lowest level of the building;
(3) The top of the first floor of buildings constructed on a slab or of buildings elevated on pilings or constructed on a crawl space with permanent openings; or
(4) The top of the floor level of any enclosure below an elevated building where the walls of the enclosure provide any resistance to the flow of flood waters unless:
(a) The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, by providing a minimum of two openings (in addition to doorways and windows) having a total area of one square foot for every two square feet of enclosed area subject to flooding. The bottom of all such openings shall be no higher than one foot above grade.
(b) Such enclosed space shall be usable only for the parking of vehicles or building access.
MANHOLE. Storm drain structure through which a person may enter to gain access to an underground storm drain or enclosed structure.
MEASUREABLE STORM EVENT. A precipitation event that results in a total measured precipitation accumulation equal to, or greater than, one-half (0.5) inch of rainfall.
MULCH. A natural or artificial layer of plant residue or other materials covering the land surface which conserves moisture, holds soil in place, aids in establishing plant cover, and minimizes temperature fluctuations.
MUNICIPAL SEPARATE STORM SEWERS. An MS4 meets all the following criteria:
(1) Is a conveyance or system of conveyances owned by the state, county, city, town, or other public entity;
(2) Discharges to waters of the U.S.;
(3) Is designed or used for collecting or conveying stormwater;
(4) Is not a combined sewer; and
(5) Is not part of a Publicly Owned Treatment Works (POTW).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM. A permit developed by the U.S. EPA through the Clean Water Act. In Indiana, the permitting process has been delegated to IDEM. This permit covers aspects of municipal stormwater quality.
NATURAL DRAINAGE. The flow patterns of stormwater runoff over the land in its pre-development state.
NUTRIENT(S).
(1) A substance necessary for the growth and reproduction of organisms.
(2) In water, those substances (chiefly nitrates and phosphates) that promote growth of algae and bacteria.
OPEN DRAIN. A natural watercourse or constructed open channel that conveys drainage water.
OPEN SPACE. Any land area devoid of any disturbed or impervious surfaces created by industrial, commercial, residential, agricultural, or other manmade activities.
OUTFALL. The point, location, or structure where a pipe or open drain discharges to a receiving body of water.
OUTLET. The point of water disposal from a stream, river, lake, tidewater, or artificial drain.
PEAK DISCHARGE (or PEAK FLOW). The maximum instantaneous flow from a given storm condition at a specific location.
PERCOLATION. The movement of water through soil.
PERMANENT STABILIZATION. The establishment, at a uniform density of 70% across the disturbed area, of vegetative cover or permanent non-erosive material that will ensure the resistance of the soil to erosion, sliding, or other movement.
PERVIOUS. Allowing movement of water.
POINT SOURCE. Any discernible, confined, and discrete conveyance including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, or container from which pollutants are or maybe discharged (P.L. 92-500, Section 502[14]).
POROUS PAVEMENT. A type of infiltration practice to improve the quality and reduce the quantity of stormwater runoff via the use of manmade, pervious pavement which allows runoff to percolate through the pavement and into underlying soils.
PROFESSIONAL ENGINEER. A person licensed under the laws of the State of Indiana to practice professional engineering.
PROJECT SITE. The entire area on which construction activity is to be performed.
PROJECT SITE OWNER. The person required to submit a stormwater permit application, and required to comply with the terms of this chapter, including a developer or a person who has financial and operational control of construction activities, and project plans and specifications, including the ability to make modifications to those plans and specifications.
RAIN GARDEN. A vegetative practice used to alter impervious surfaces, such as roofs, into pervious surfaces for absorption and treatment of rainfall.
RECEIVING STREAM, RECEIVING CHANNEL or RECEIVING WATER. The body of water into which runoff or effluent is discharged. The term does not include private drains, unnamed conveyances, retention and detention basins, or constructed wetlands used as treatment.
RECHARGE. Replenishment of groundwater reservoirs by infiltration and transmission from the outcrop of an aquifer or from permeable soils.
REDEVELOPMENT. Development occurring on a previously developed site.
REFUELING AREA. An operating gasoline or diesel fueling area whose primary function is to provide fuel to equipment or vehicles.
REGIONAL POND. A detention/retention basin sized to detain/retain the runoff from the entire watershed, on-site and off-site, tributary to the pond's outlet.
REGULATORY FLOOD. The discharge or elevation associated with the 100-year flood as calculated by a method and procedure which is acceptable to and approved by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The REGULATORY FLOOD is also known as the BASE FLOOD.
REGULATORY FLOODWAY. See FLOODWAY.
RELEASE RATE. The amount of stormwater release from a stormwater control facility per unit of time.
RESERVOIR. A natural or artificially created pond, lake or other space used for storage, regulation or control of water. May be either permanent or temporary. The term is also used in the hydrologic modeling of storage facilities.
RETENTION. The storage of stormwater to prevent it from leaving the development site. May be temporary or permanent.
RETENTION BASIN. A type of storage practice, that has no positive outlet, used to retain stormwater runoff for an indefinite amount of time. Runoff from this type of basin is removed only by infiltration through a porous bottom or by evaporation.
RETURN PERIOD. The average interval of time within which a given rainfall event will be equaled or exceeded once. A flood having a return period of 100 years has a one percent probability of being equaled or exceeded in any one year.
RIPARIAN ZONE. Of, on, or pertaining to the banks of a stream, river, or pond.
RIPARIAN HABITAT. A land area adjacent to a waterbody that supports animal and plant life associated with that waterbody.
RUNOFF. That portion of precipitation that flows from a drainage area on the land surface, in open channels, or in stormwater conveyance systems.
RUNOFF COEFFICIENT. A decimal fraction relating the amount of rain which appears as runoff and reaches the storm drain system to the total amount of rain falling. A coefficient of 0.5 implies that 50% of the rain falling on a given surface appears as stormwater runoff.
SEDIMENT. Solid material (both mineral and organic) that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth's surface.
SEDIMENTATION. The process that deposits soils, debris and other unconsolidated materials either on the ground surfaces or in bodies of water or watercourses.
SENSITIVE WATER. A waterbody is in need of priority protection or remediation based on its:
(1) Providing habitat for threatened or endangered species;
(2) Usage as a public water supply intake;
(3) Relevant community value;
(4) Usage for full body contact recreation;
(5) Exceptional use classification as found in 327 IAC 2-1-11(b); or
(6) Outstanding state resource water classification astound in 327 IAC 2-1-2(3) and 327 IAC 2-1.5-19(b).
SILVICULTURAL. The practice of controlling the establishment, growth, composition, health, and quality of forests to meet diverse needs and values.
(1) Nonpoint activities include source silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff. Some of these activities (such as stream crossing for roads) may involve the placement of dredged or fill material which may require a CWA section 404 permit and a 401 Water Quality Certification.
(2) Point source activities include any discernible, confined and discrete conveyance related to rock crushing, gravel washing, log sorting, or log storage facilities which are operated in connection with silvicultural activities and from which pollutants are discharged into waters of the United States or the state.
SITE. The entire area included in the legal description of the land on which land disturbing activity is to be performed.
SLOPE. Degree of deviation of a surface from the horizontal, measured as a numerical ratio or percent. Expressed as a ratio, the first number is commonly the horizontal distance (run) and the second is the vertical distance (rise) -- e.g., 2:1. However, the preferred method for designation of slopes is to clearly identify the horizontal (H) and vertical (V) components (length (L) and width (W) components for horizontal angles). Also note that according to international standards (Metric), the slopes are presented as the vertical or width component shown on the numerator -- e.g., 1V:2H. Slope expressions in this chapter follow the common presentation of slopes -- e.g., 2:1 with the metric presentation shown in parentheses-e.g., (1V:2H). Slopes can also be expressed in “percent”. Slopes given in percent are always expressed as (100*V/H) -- e.g., a 2:1 (1V:2H) slope is a 50% slope.
SOIL. The unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of land plants.
SOIL AND WATER CONSERVATION DISTRICT. A public organization created under state law as a special-purpose district to develop and carry out a program of soil, water, and related resource conservation, use, and development within its boundaries. A subdivision of state government with a local governing body, established under I.C. 14-32.
SOLID WASTE. Any garbage, refuse, debris, or other discarded material.
SPILL. The unexpected, unintended, abnormal, or unapproved dumping, leakage, drainage, seepage, discharge, or other loss of petroleum, hazardous substances, extremely hazardous substances, or objectionable substances. The term does not include releases to impervious surfaces when the substance does not migrate off the surface or penetrate the surface and enter the soil.
STORM DURATION. The length of time that water may be stored in any stormwater control facility, computed from the time water first begins to be stored.
STORM EVENT. An estimate of the expected amount of precipitation within a given period of time. For example, a 10-yr. frequency, 24-hr. duration storm event is a storm that has a 10% probability of occurring in any one year. Precipitation is measured over a 24-hr. period.
STORM SEWER. A closed conduit for conveying collected stormwater, while excluding sewage and industrial wastes. Also called a storm drain.
STORMWATER. Water resulting from rain, melting or melted snow, hail, or sleet.
STORMWATER DRAINAGE SYSTEM. All means, natural or man-made, used for conducting stormwater to, through or from a drainage area to any of the following: conduits and appurtenant features, canals, channels, ditches, storage facilities, swales, streams, culverts, streets and pumping stations.
STORMWATER MANAGEMENT SYSTEM. A collection of structural and non-structural practices and infrastructure designed to manage stormwater on a site. This system may include but is not limited to erosion control measures, storm drainage infrastructure, detention/retention facilities, and stormwater quality BMP's.
STORMWATER POLLUTION PREVENTION PLAN. A plan developed to minimize the impact of stormwater pollutants resulting from construction activities.
STORMWATER QUALITY MANAGEMENT PLAN. A comprehensive written document that addresses stormwater runoff quality.
STORMWATER QUALITY MEASURE. A practice, or a combination of practices, to control or minimize pollutants associated with stormwater runoff.
STORMWATER RUNOFF. The water derived from rains falling within a tributary basin, flowing over the surface of the ground or collected in channels or conduits.
STRIP DEVELOPMENT. A multi-lot project where building lots front on an existing road.
SUBSURFACE DRAIN. A pervious backfield trench, usually containing stone and perforated pipe, for intercepting groundwater or seepage.
SURFACE RUNOFF. Precipitation that flows onto the surfaces of roofs, streets, the ground, etc., and is not absorbed or retained by that surface but collects and runs off.
SWALE. An elongated depression in the land surface that is at least seasonally wet, is usually heavily vegetated, and is normally without flowing water. Swales conduct stormwater into primary drainage channels and may provide some groundwater recharge.
TEMPORARY STABILIZATION. The covering of soil to ensure its resistance to erosion, sliding, or other movement. The term includes vegetative cover, anchored mulch, or other non-erosive material applied at a uniform density of 70% across the disturbed area.
TILE DRAIN. Pipe made of perforated plastic, burned clay, concrete, or similar material, laid to a designed grade and depth, to collect and carry excess water from the soil.
TOPOGRAPHIC MAP. Graphical portrayal of the topographic features of a land area, showing both the horizontal distances between the features and their elevations above a given datum.
TOPOGRAPHY. The representation of a portion of the earth's surface showing natural and man-made features of a give locality such as rivers, streams, ditches, lakes, roads, buildings and most importantly, variations in ground elevations for the terrain of the area.
TRAINED INDIVIDUAL. An individual who is trained and experienced in the principles of stormwater quality, including erosion and sediment control as may be demonstrated by state registration, professional certification (such as CESSWI and/or CPESC certification), or other documented and applicable experience or coursework as deemed sufficient by the town that enable the individual to make judgments regarding stormwater control or treatment and monitoring.
URBAN DRAIN. A drain defined as URBAN DRAIN in Indiana Drainage Code.
URBANIZATION. The development, change or improvement of any parcel of land consisting of one or more lots for residential, commercial, industrial, institutional, recreational or public utility purposes.
VEGETATED SWALE. A type of vegetative practice used to filter stormwater runoff via a vegetated, shallow-channel conveyance.
WATER QUALITY. A term used to describe the chemical, physical, and biological characteristics of water, usually in respect to its suitability for a particular purpose.
WATER RESOURCES. The supply of groundwater and surface water in a given area.
WATERBODY. Any accumulation of water, surface, or underground, natural or artificial, excluding water features designed and designated as water pollution control facilities.
WATERCOURSE. Any river, stream, creek, brook, branch, natural or man-made drainageway in or into which stormwater runoff or floodwaters flow either continuously or intermittently.
WATERSHED. The region drained by or contributing water to a specific point that could be along a stream, lake or other stormwater facility. Watersheds are often broken down into subareas for the purpose of hydrologic modeling.
WATERSHED AREA. All land and water within the confines of a drainage divide. See also WATERSHED.
WETLANDS. Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
71.03 Requirement of local registration; registration fee
71.04 Operator
71.05 Financial responsibility
71.06 Time of operation
71.07 Place of operation
71.08 Occupants
71.09 Traffic rules
71.99 Penalty
§ 71.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRIVER'S LICENSE. A valid license to operate a motor vehicle issued by this state or any other state.
FINANCIAL RESPONSIBILITY. The meaning set forth in I.C. 9-25-4-1 et seq., as it now reads or hereafter may be amended.
GOLF CART. A four wheeled motor vehicle originally and specifically designed and intended to transport one or more individuals and golf clubs for the purpose of playing the game of golf on a golf course.
OPERATE. To exercise any control over the function or movement of a golf cart.
TOWN STREET. The entire width between the boundary lines of every way publicly maintained when any part of the way is open to the use of the public for purposes of vehicular travel within the corporate limits of the town. The term includes but is not limited to streets, alleys, roads, highways and thoroughfares.
(Ord. 2009-14, passed - -2009)
§ 71.02 OPERATION OF GOLF CARTS.
The operation of a golf cart within the town on a town street is strictly prohibited unless the golf cart is operated and equipped in full compliance with this chapter.
(Ord. 2009-14, passed - -2009)
§ 71.03 REQUIREMENT OF LOCAL REGISTRATION; REGISTRATION FEE.
(A) Each golf cart to be operated on a town street shall be registered annually at the town's Police Department.
(B) Each application for registration shall be made on a form supplied by the town and shall contain the following information:
(1) The name and address of the applicant;
(2) Make, model name, year and serial number of the golf cart;
(3) Current driver's license number of the applicant;
(4) Proof of financial responsibility; and
(5) Any other information the town may require.
(C) Each registration certificate shall be issued for a period from the date of issuance through and including March 31 of the following year, at which time it will expire.
(1) A registration fee of $30 shall be paid annually for each golf cart to be registered.
(2) The annual registration fee may be changed from time to time by ordinance of the Town Council.
(D) Each registration certificate shall be plainly visible from the rear of the golf cart for which it is issued.
Only persons over 16 years of age and holding a valid driver's license may operate a golf cart.
(Ord. 2009-14, passed - -2009)
§ 71.05 FINANCIAL RESPONSIBILITY.
The operator or owner of a golf cart must show financial responsibility when operating a golf cart. Written proof of financial responsibility must be available on the golf cart or carried by the operator at all times of operation of the golf cart.
(Ord. 2009-14, passed - -2009)
§ 71.06 TIME OF OPERATION.
No golf cart shall be operated on any town streets between one-half hour after sunset and one-half- hour before sunrise, unless the golf cart is equipped with two operating headlights (one on each side of the front of the golf cart), and two operating tail lights with brake lights (one on each side of the rear of the golf cart), all of which are visible from a distance of 500 feet.
(Ord. 2009-14, passed - -2009)
§ 71.07 PLACE OF OPERATION.
Golf carts may be operated on town streets which have a posted speed limit of 30 mph or less. Golf carts may not be operated on sidewalks, greenway trails, pathways or on the following highways, except to cross the highways at intersections in a path 90 degrees to the highways: State Road 135, and Old Plank Road.
The number of occupants in a golf cart shall be limited to the number of persons for whom factory seating is installed and provided on the golf cart. The operator and all occupants shall be seated in the golf cart and no parts of the bodies of the operator or any occupant shall extend outside the perimeter of the golf cart while the golf cart is being operated.
(Ord. 2009-14, passed - -2009)
§ 71.09 TRAFFIC RULES.
The operator of a golf cart shall comply with all traffic rules and regulations adopted by the state and the town which govern the operation of motor vehicles.
(Ord. 2009-14, passed - -2009)
§ 71.99 PENALTY.
A violation of each provision of this chapter is a Class C infraction, and the person found to be in violation of this chapter is subject to a fine not to exceed $200 for each offense, along with court costs in the amount that same now exists, or may hereafter be determined by ordinance or statute. An owner, lessee or operator may be cited to appear in a court of competent jurisdiction by issuance of an state uniform traffic ticket.
The purpose of this chapter is to relieve congestion of motor vehicles, trailers and all other objects (all of which are hereinafter referred to as "vehicles") on the streets of the town, to enable the traffic to pass more easily over the streets, to allow for snow removal, street sweeping, and for better passage of police, fire, utility, and other similar vehicles in case of emergency.
The parking of vehicles within the town limits in any of the following ways is hereby prohibited:
(A) Double parking.
(B) Parking at a curb painted yellow.
(C) Parking where parking is temporarily and/or permanently prohibited by signs.
(D) Parking in alleys so as to impede traffic, except when loading and unloading vehicles.
(E) Parking of vehicles having a weight in excess of 10,000 pounds where such parking is temporarily and/or permanently prohibited by signs.
(F) Parking of trailers (open or enclosed), recreation vehicles, box trailers, boat trailers, on any street or alley, except for the purpose of deliveries.
(G) On a sidewalk.
(H) In front of a public or private driveway, or in a position so as to block any driveway entrance.
(I) Within an intersection.
(J) Within 15 feet of a fire hydrant.
(K) On a crosswalk.
(L) Within 20 feet of a crosswalk at an intersection.
(M) Within 30 feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway.
(N) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic.
(O) No parking on a street in such a manner or under such conditions as to leave available less than ten feet of width of the street for free movement of traffic. However, this shall not apply to emergency vehicles of a Fire Department, Police Department or town utility vehicles in an emergency situation.
A notice of violation shall be attached to any vehicle found to be parked in violation of this chapter, and the fact that the vehicle was registered in the name of a certain person shall be considered prima facie proof that such person was in control of the vehicle at the time of such parking.
(Ord. 1995-3, passed 1-10-1995)
§ 72.99 PENALTY.
(A) Any person receiving a notice of violation of this chapter shall be subject to a fine of $25 for each violation. This fine may be paid within seven days following the date of violation by mail or in person at the office of the Town Clerk-Treasurer.
(B) Any vehicle found to be in continuous violation of this chapter may receive an additional notice of violation for each two hours of violation, and after 48 hours of continuous violation, the vehicle shall be subject to the tow-in provisions contained in division (D) of this section.
(C) Whenever a vehicle is found to have accrued five notices of violation of this chapter and the violations remain unpaid for a period of seven days after the date of the last violation, the vehicle shall be subject to the tow-in provisions found in division (D) of this section.
(D) Any vehicle found to be in violation of division (B) of this section may be immediately towed away. Any person receiving notice of violation and/or seeking to obtain possession of the vehicle may discharge his or her fine by paying the fine provided for each notice of violation to the Town Clerk-Treasurer and by further paying all charges owed for towing and storage of the vehicle. If the vehicle is not redeemed within 30 days after its being towed in, the vehicle may be treated as abandoned property and disposed of according to laws of the state.
(E) Any person wishing to challenge the notice of violation must submit in writing to the Town Clerk-Treasurer within seven days following the date of violation their request for a hearing before an appeal hearing officer.
(F) Three appeal hearing officers shall be designated by the Town Council from time to time and they may be designated by position or name, and they shall conduct a hearing on a challenged notice of violation. A requested hearing shall be heard by any one or more of the appeal hearing officers within seven days after receipt of the request for a hearing. The appeal hearing officer shall designate the time and place for hearing.
(A) For the purpose of this schedule,
TRUCK shall mean tractor, trailer, semitrailer, or tractor-trailer combination, or any truck or other motor vehicle exceeding 26,000 pounds.
(B) It shall be unlawful to operate any truck or motor vehicle on a public street or alley within the town limits other than on the following designated routes in both directions:
Description
Ord. No.
Date Passed
State Road 135 to scales at Old Plank Road and Baldwin Street onto Baldwin Street to Old Plank Road to Main Street to grain bins
2007-4
1-9-2007
West Old Plank Road to scales to Baldwin Street to Old Plank Road to Main Street to grain bins
2007-4
1-9-2007
West Old South Street to Indiana Street to Harriman Avenue to Main Street to Old Plank Road to scales to grain bins
2007-4
1-9-2007
(C) Truck routes shall be designated by appropriate signs.
(D) This schedule shall not apply to those vehicles that are temporarily traveling streets or alleys in order to reach a specific designation for the purpose of loading or unloading goods or merchandise.
(E) Any person who violates this schedule shall be fined $100 for each offense.
(A) A weight limit for motor vehicles of 11,000 pounds shall be established for the following streets in the town:
Street
Ord. No.
Date Passed
Street
Ord. No.
Date Passed
Baldwin Street
2002-3B
5-14-2002
Country Meadows Subdivision (all streets)
2002-3B
5-14-2002
County Road 250N (Two Cent Road) from State Road 135 easterly to the town limits
2002-3B
5-14-2002
Morris Meadows Subdivision (all streets)
2002-3B
5-14-2002
Parkview Estates Subdivision (all streets)
2002-3B
5-14-2002
Southway Subdivision, all streets except Harriman Street to the west end of its intersection with Eastview Drive and Eastview Drive
2002-3B
5-14-2002
Three Notch Village Subdivision (all streets)
2002-3B
5-14-2002
(B) It shall be a violation of this schedule to operate a motor vehicle with a weight of 11,001 pounds or more on any street listed in division (A). Operation of a motor vehicle with a license plate, registration, tag and/or gross vehicle weight rating placard reflecting a weight 11,001 pounds or more on any street listed in division (A) shall be prima facie evidence of a violation of this schedule.
(C) The provisions of this schedule shall not apply to deliveries and pickups of goods and services to residences and businesses in the town.
(D) The fine for a violation of this schedule shall be $50.
From the intersection of Two Cent Road to the intersection of Quarterhorse Rum on the west side of the road
1997-1
4-3-1997
Arabian Way
From the intersection of Clydesdale Lane to the intersection of Appaloosa Drive on the north side of the road
1997-1
4-3-1997
Baldwin Street
West side
2002-4
5-14-2002
Belgium Boulevard
From the intersection of Clydesdale Lane to the intersection of Appaloosa Drive on the south side of the road
1997-1
4-3-1997
Carol Court
From the intersection of Eastview Drive to the beginning of the circle on the north side of the road
1997-1
4-3-1997
Carol Drive
From the intersection of Eastview Drive to the present end of Carol Drive on the south side of the road
1997-1
4-3-1997
Cemetery Hill Road
East side from its intersections with Harmony Hill Road to its intersection with County Road 300N
1996-1
3-12-1996
Clydesdale Lane
From the intersection of Two Cent Road to the intersection of Quarterhorse Run on the east side of the road
1997-1
4-3-1997
County Road 144
Within 10 feet of the pavement on the north side starting at a point 144 feet west of State Road 135 and continuing 240 feet west
1995-3
1-10-1995
Eastview Drive
From the intersection of Harriman Avenue to the intersection of Schoolhouse Lane on the east side of the road
1997-1
4-3-1997
Harriman Avenue
South side from the end of the Grabeel Subdivision to the intersection of Harriman Avenue within Westview Place
1995-3
1-10-1995
Harriman Avenue
Both sides from Old Plank to Indiana
Street
2007-5
1-9-2007
Harriman Avenue
South side from Indiana Street to Eastview Drive
2007-5
1-9-2007
Harriman Avenue
North side of from the intersection of Main Street to the alley on the west end of the Bargersville Police Station (the old Town Hall/Utility Building)
2000-1
3-14-2000
Main Street
Semitractors and/or semitrailers; provided, however, that this prohibition does not apply to deliveries and pickups of goods and services to residences and businesses
2002-4
5-14-2002
Main Street
North-south direction on the east side; provided, however, that this prohibition does not apply to deliveries and pickups of goods and services to residences and businesses
2002-4
5-14-2002
Maple Drive
From Village Road south 162 feet on Sundays and holidays from 6:00 a.m. to 2:00 p.m.
1995-3
1-10-1995
Overlook Drive
From Main Street west to Overlook Court on any day from 2:00 a.m. to 6:00 a.m. on the north side
1995-3
1-10-1995
Palomino Place
From the intersection of Clydesdale Lane to the intersection of Appaloosa Drive on the south side of the road
1997-1
4-3-1997
Quarterhorse Run
From the intersection of Clydesdale Lane to the intersection of Appaloosa Drive on the south side of the road
1997-1
4-3-1997
Southway Court
On north side from Southway Drive to the beginning of the circle
1995-3
1-10-1995
Southway Drive
East side from Harriman Avenue to South Street (County Road 300 South)
1995-3
1-10-1995
Utterback Court
From the intersection of Eastview Drive to the beginning of the circle on the north side of the road
1997-1
4-3-1997
Village Road
From the north side of Village Road from State Road 135 west to Maple Drive and parking on the east side of Village Road from Maple Drive north to Three Notch Lane
1995-3
1-10-1995
Village Road
Within 10 feet of the pavement on the north side starting at a point 214 feet west of State Road 135 and continuing 342 feet west and north
1995-3
1-10-1995
Westview Place
North side at its south intersection with Southway Drive and thence west; north on the east side of Westview Place; and east on the south side of Westview Place to the north intersection of Westrview Place with Southway Drive and Harriman Avenue
The consumption of alcoholic beverages on the public streets, roads, alleys, sidewalks, other rights-of-way and other public property in the town, is hereby declared to be a nuisance.
(Ord. 1980-11, passed 10-14-1980) Penalty, see § 90.99
§ 90.02 OPEN BURNING.
(A) Open burning restricted; general prohibitions.
(1) It shall be unlawful at all times to cause, suffer or allow any open burning on any real estate zoned or used for multiple-family dwellings, businesses, apartment complexes or mobile home parks.
(2) It shall be unlawful to cause, suffer or allow any open burning of any substance other than wood products at any place within the town, except as permitted by divisions (B) and (C) below; provided, no person shall cause, suffer, allow or permit the emission into the atmosphere of any substance or combination of substances from the burning of wood products as allowed therein in quantities as to cause annoyance or constitute a nuisance so as to interfere with the health or well-being of any individual in his or her home or place of employment or recreation or as to interfere with the normal use and enjoyment of any such place.
(B) Residential burning limited. Residents of single- or double-family dwellings located on one or more residential lots shall be permitted to open burn only wood products originating on the premises only as hereinafter provided between the hours of 10:00 a.m. to 7:00 p.m. Burning shall be more than 15 feet from any structure, in a noncombustible container, sufficiently vented to induce adequate primary combustion air, with enclosed sides, a bottom and a mesh covering. Fires shall be attended at all times until completely extinguished. If fires create a nuisance, or a health hazard, they shall be extinguished.
(C) Limited burning for special purposes. The open burning of wood products which does not create a nuisance or a fire hazard and which is attended by a responsible person at all times until completely extinguished may be permitted for the following purposes:
(1) Ceremonial fires and bonfires: a bonfire in connection with a religious ceremony, school pep rallies, scouting activities and similar purposes;
(2) Camp fires and fires for cookouts;
(3) Fire for personal comfort:
(a) Fires required for personal comfort; and
(b) A bonfire in connection with recreational activities included but not limited to sledding and ice skating.
(4) Open burning of agricultural wastes (not including household garbage or refuse):
(a) Open burning of plant life grown on the premises in the course of agricultural operations, when it can be shown that the open burning is necessary and that no fire hazard will occur, provided the person intending to dispose of plant life by open burning shall obtain approval from the Town Marshal or the Town Utility Department;
(b) Any open burning permitted under the provision of this subsection shall be permitted only between the hours of 10:00 a.m. and 4:00 p.m.; or
(5) Indoor stoves and fireplaces: fires shall be permitted in indoor wood stoves and fireplaces where the fire does not create an air pollution problem, a nuisance or a fire hazard.
(D) Variances for open burning. Open burning not otherwise permitted by this section may be permitted with prior permission of the Town Council, Town Marshal or Town Utility Department.
(E) Liability. Any person who allows the accumulation or existence of combustible material which constitutes or contributes to a fire causing air pollution shall not be excused from responsibility therefor on the basis that the fire was accidental or an act of God.
(F) Enforcement of section. This section is enforceable by the Town Council and the Town Marshal.
(Ord. 1985-6, passed 10-8-1985) Penalty, see § 90.99
§ 90.03 ABANDONED VEHICLES.
(A) Purpose. The purpose of this section shall be to establish the procedures to implement I.C. 9-22-1, which governs the removal, storage and disposal of abandoned vehicles.
(B) Definitions. The terms used in this section shall have the meanings ascribed to them in I.C. 9-13-2 and 9-22-1.
(C) Responsibilities of the Bargersville Police Department.
(1) The Bargersville Police Department shall be charged with the responsibility for the removal, storage and disposal of abandoned vehicles.
(2) The Bargersville Police Department may employ personnel, and acquire equipment, property and facilities, to facilitate the removal of abandoned vehicles.
(3) The Bargersville Police Department may enter into contractual arrangements with a towing service to provide for the removal, storage and disposal of abandoned vehicles, and the contract for these services shall be awarded on the basis of specifications prepared by the Town Council.
(D) Storage of abandoned vehicles. Abandoned vehicles which in the opinion of the officer have a market value of at least $100 and which are removed pursuant to I.C. 9-22-1 shall be towed and stored in an area designated by the Bargersville Police Department.
(E) Disposition of vehicles; value.
(1) If a vehicle or part believed to be abandoned is tagged as provided by law and is not removed within the 72-hour period, the officer shall prepare a written abandoned vehicle report of the vehicle or parts, with photographs. The original report and photographs shall be retained by the Bargersville Police Department in all cases for at least two years.
(2) If a tagged vehicle or parts are not removed within the 72 hours of tagging, and if in the opinion of the officer the market value of the vehicle or parts is less than $100, the officer shall immediately dispose of the vehicle to an automobile scrap yard. Copies of the abandoned vehicle report and photographs shall be forwarded to the State Bureau of Motor Vehicles.
(3) If in the opinion of the officer the market value of the vehicle or parts is at least $100, the officer, before placing a notice tag on the vehicle or parts, shall make a reasonable effort to ascertain the person who owns the vehicle or parts or who may be in control of the vehicle or parts. After tagging and after 72 hours, in the case of a vehicle believed by the officer to have a market value of at least $100, the officer shall require the vehicle or parts to be towed to a storage area. If the market value of the vehicle or parts is believed by the officer to be at least $100 in value, the notification and disposal procedures in I.C. 9-22-1-19 through 9-22-1-32 shall be followed.
(F) Disposal of vehicles. Vehicles which have been towed to a storage area and have not been claimed by the record owner or lien holder within the statutory period shall be disposed by means of a public sale in the manner provided by I.C. 9-22-1-23 through 9-22-1-27.
(G) Towing and storage charges. An owner or lien holder who claims a vehicle shall be charged towing and storage fees. The storage fee shall be allowed to accumulate for a maximum period of 60 days.
(A) The purpose of this section is to provide for the removal of weeds and rank vegetation within platted subdivisions in the town.
(B) For purposes of this chapter, the following definitions shall apply:
WEEDS and/or RANK VEGETATION. Any vegetable matter which exceeds the height of six inches; provided however that such definition does not include:
(a) Trees, bushes or shrubs which have been planted or cultivated by the landowner;
(b) Agricultural crops, such as hay and pasture; or
(c) Vegetable matter cultivated in plant beds.
(C) Owners of real property located within the corporate limits of the Town of Bargersville shall not permit or allow weeds or other rank vegetation to grow on the property. Further, owners of real property located within the corporate limits of the Town of Bargersville shall cut and remove weeds and other rank vegetation growing on the property.
(D) The Director of Development of the Town of Bargersville shall be responsible for the enforcement and administration of this section.
(E) First violation.
(1) Upon determination by the Director of Development of the Town of Bargersville or the Director of Development's designee(s), that there is an ordinance violation (that weeds and/or rank vegetation exist) on any real property located within the corporate limits of the Town of Bargersville and that the ordinance violation is the first such violation with regard to that real property occurring after the effective date of this ordinance, the Director of Development or the Director of Development's designee(s) shall issue a written notice to the landowner that the weeds and/or rank vegetation must be cut and removed within three calendar days of service of the notice. The notice further shall advise the landowner of the penalty for failure to cut and remove such vegetation.
(2) The notice required by division (E)(1) of this section shall be served upon the landowner by certified mail. If notice cannot be given by certified mail, the notice shall be given by ordinary mail or personal service. If notice also cannot be given by ordinary mail, the Director of Development or Director of Development's designee(s) shall give notice by publication in a newspaper of general circulation in Johnson County at least one time each week for two successive weeks.
(3) In the event that the town removes or causes to be removed the weeds and/or rank vegetation, the Clerk-Treasurer shall issue a bill to the landowner for the amount of the fine and for the costs incurred by the town in abating the violation, including administrative and removal costs. The bill shall be served upon the landowner in the same manner as the service of notice of violation. The bill is due and payable upon receipt, unless an appeal is taken in the manner provided in division (G).
(F) Abatement of violation and continuous abatement notice.
(1) If the landowner fails to cut and remove the weeds and/or rank vegetation within the time prescribed in the notice, or any extension of time granted by the Director of Development or Director of Development's designee(s), town employees or contractors hired by the town, may enter the property to abate the violations of this section, and may cut and remove, or cause to be cut and removed, such weeds and/or rank vegetation. In addition, the landowner shall be fined the sum of $100.
(2) The Director of Development or Director of Development's designee(s) shall issue a continuous abatement notice. The town shall post a continuous abatement notice at the real estate at the time of initial abatement, which shall serve as notice to the owner that each subsequent violation during the same calendar year may be abated by the city. The landowner shall be fined the sum of $200 for each subsequent violation during the same calendar year. In addition, the continuous abatement notice shall advise the landowner that the weeds and/or rank vegetation must be cut within three calendar days of service of the notice.
(3) The notice required by division (F)(2) of this section shall be served upon the landowner by posting notice at the property at the time of abatement provided the owner was served the initial notice under division (E)(1) by certified mail, first class mail or by personal service.
(4) In the event that the town abates, removes or causes to be removed such weeds and/or rank vegetation, the Director of Development or Director of Development's designee(s) shall issue a bill to the landowner for the amount of the fine (if it has not already been paid) and for the costs incurred by the town in abating the violation, including administrative and removal costs. The bill shall be served upon the landowner in the same manner as the service of notice of violation. The bill is due and payable upon receipt, unless an appeal is taken in the manner provided in division (G).
(G) Any appeal of the removal notice, fine or bill must be made in writing, within seven calendar days of the date of service of the removal notice, fine or bill, whichever is applicable. Any appeal must be in writing and shall be made to the Director of Development, who shall set the matter for hearing. The date and time of the hearing will be set by the Director of Development or Director of Development's designee(s). After the hearing, the Director of Development or Director of Development's designee(s) shall issue written findings. Any appeal from written findings of the Director or Development or Director of Development's designee(s) must be made to a court of competent jurisdiction located in Johnson County, Indiana, within ten calendar days of the issuance of written findings by the Director of Development.
(H) (1) If the landowner fails to pay a bill issued under division (F) or (G) of this chapter within the time specified, the Director of Development or Director of Development's designee(s) shall certify to the Auditor of Johnson County the amount of the bill, plus any additional administrative costs incurred in the certification. The Auditor of Johnson County shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the general fund of the Town of Bargersville.
(2) In the alternative, the town may enforce this chapter in the manner provided by Indiana statute for the enforcement of municipal ordinances.
A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:
(A) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public; or
(B) In any way render the public insecure in life or in the use of property; or
(C) Greatly offend the public morals or decency; or
(D) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way; or
(E) Is injurious to health, or indecent, or offensive to the senses, or an obstruction to the full use of property, so as essentially to interfere with the comfortable enjoyment of life or property.
(Ord. 2011-24, passed 12-13-2011)
§ 90.16 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
The following acts, omissions, places, conditions and things are declared to be public nuisances affecting peace and safety.
(A) All unauthorized signs, signals, markings or devices which purport to be or may be mistaken as official traffic control devices placed or maintained upon or in view of any public highway or railway crossing.
(B) All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use; or shall be an invitation to children and endanger the lives of the children, or which, because of its condition has become a fire hazard.
(C) All loud and discordant noises or vibrations of any kind. This includes loud music that can be heard from adjacent properties.
(D) All abandoned refrigerators, iceboxes or similar containers from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside by pushing only with the strength of a small child.
(E) Any sign, marquee, or awning which is in an unsafe condition, or which overhangs any roadway, or which overhangs any sidewalks less than eight feet above the sidewalk surface.
(F) Any nuisance so defined by the Indiana Code.
(G) It shall be unlawful within the municipal limits of the town, for any device within or attached to any motor vehicle to be utilized in or at such a level so as to be plainly audible at a distance greater than 30 feet from the device, or which causes a distraction to any person.
(H) The use and operation of lawn mowers, weed blowers, garden tractors, construction and repair equipment, go-carts, generators and power tools and the like, shall be limited to the following hours:
between the hours of 7:00 a.m. and 10:00 p.m. May 15 to September 15, and 7:00 a.m. to 9:00 p.m. September 16 to May 14 only.
The following are exempted from the provisions of this section:
(A) Sounds emitted from authorized emergency vehicles or sirens (including tornado sirens).
(B) Burglar and car alarms and other warning devices, when properly installed, providing the cause for the alarm or warning device sound is investigated and turned off within a reasonable period of time.
(C) Town or other governmental entity sanctioned parades, festivals, carnivals, fairs, celebrations, concert performances, band and drum corps performances, artistic performances and the like, as well as any rehearsals for same.
(D) The emission of sound for the purposes of alerting persons to the existence of an emergency or the testing of the equipment, or for the performance of emergency construction, repair or other work.
(E) Sounds associated with the normal operation of church bells and agricultural activities.
(F) Subject to the other provisions of this chapter, and any other applicable law, rule or regulation, those sounds associated with motor vehicles lawfully operating on town, county, state, and federal streets and highways.
(G) Sounds associated with the operation of aircraft or snow removal equipment.
(H) Sounds emitted by emergency generators in the event of power failure, periodic testing and maintenance shall adhere to division (B) above.
(I) Sounds emitted by construction/road work approved by the town or other governmental entity.
(J) Train horns as required by law.
(Ord. 2011-24, passed 12-13-2011)
§ 90.99 PENALTY.
(A) A person violating any provision of this chapter shall have committed a code or ordinance violation and is subject to a penalty, with each violation being a separate and distinct violation and subject to being penalized accordingly. The schedule of fines shall provide for an increasing fine for subsequent offenses.
(B) The schedule of fines is:
(1) First offense: $25.00;
(2) Second offense: $50.00;
(3) Third offense: $100.00;
(4) Fourth and subsequent offenses: $250.00.
(C) Any court of competent jurisdiction in the county shall be a court of proper venue and jurisdiction for the enforcement of this chapter. If the town has an Ordinance Violations Bureau, a violation may also be referred to the Ordinance Violations Bureau.
(D) Citations for violation of this chapter may be issued by any sworn member of the Police Department or county Sheriff’s Deputy.
91.04 Discrimination in the sale or rental of housing
91.05 Discrimination in residential real estate-related transactions
91.06 Discrimination in the provision of brokerage services
91.07 Interference, coercion or intimidation
91.08 Prevention of intimidation in fair housing cases
91.09 Equal access to housing in HUD programs
91.10 Exemptions
91.11 Administrative enforcement of chapter
91.12 Severability of provisions
§ 91.01 POLICY STATEMENT.
It shall be the policy of the Town of Bargersville to provide, within constitutional limitation, for fair housing throughout its corporate limits as provided for under the federal Civil Rights Act of 1968, as amended, the federal Housing and Community Development Act of 1974, as amended, and I.C. 22-9.5-1 et seq.
(Ord. 2014-06, passed 5-13-2014)
§ 91.02 DEFINITIONS.
For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRIEVED PERSON. Includes any person who:
(1) Claims to have been injured by a discriminatory housing practice; or
(2) Believes that such person will be injured by a discriminatory housing practice that is about to occur. (I.C. 22-9.5-2-2)
COMMISSION. The Indiana Civil Rights Commission created pursuant to I.C. 22-9-1-4 et seq. (I.C. 22-9.5-2-3)
COMPLAINANT. A person, including the Commission, who files a complaint under I.C. 22-9.5-6.
(I.C. 22-9.5-2-4)
DISCRIMINATORY HOUSING PRACTICE. An act that is unlawful under §§ 91.04, 91.05, 91.06, 91.07 or 91.08 or I.C. 22-9.5-5.
DWELLING. Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families; or any vacant land which is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as a residence by one or more families. (I.C. 22-9.5-2-8)
FAMILIAL STATUS.
(1) One or more individuals who have not attained the age of 18 years being domiciled with a parent or another person having legal custody of such individual or the written permission of such parent or other person.
(2) The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
FAMILY. Includes a single individual, with the status of such family being further defined under FAMILIAL STATUS above. (I.C. 22-9.5-2-9)
HANDICAP.
(1) With respect to a person:
(a) A physical or mental impairment which substantially limits one or more of such person's major life activities;
(b) A record of having such an impairment; or
(c) Being regarded as having such an impairment;
(d) An impairment described or defined pursuant to the federal Americans with Disabilities Act of 1990;
(e) Any other impairment defined under I.C. 22-9.5-2-10.
(2) The term HANDICAP shall not include current illegal use of or addictions to a controlled substance as defined in Section 802 of Title 21 of the United States Code (I.C. 22-9.5-2-10(b)); nor does the term HANDICAP include an individual solely because that individual is a transvestite (I.C. 22-9.5-2-10(c)).
PERSON. Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, non-incorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers, and fiduciaries. (I.C. 22-9.5-2-11)
TO RENT. Includes to lease, to sublease, to let and otherwise to grant for a consideration the rights to occupy the premises owned by the occupant. (I.C. 22-9.5-2-13)
(Ord. 2014-06, passed 5-13-2014)
Editor’s note:
I.C. 22-9.5-2-10 was repealed by P.L. 99-2007, Sec. 224.
§ 91.03 UNLAWFUL PRACTICE.
Subject to the provisions of division (B) below, § 91.09 and I.C. 22-9.5-3, the prohibitions against discrimination in the sale or rental of housing set forth in I.C. 22-9.5-5-1 and in § 91.04 shall apply to:
(A) All dwellings except as exempted by division (B) below and I.C. 22-9.5-3.
(B) Other than the provisions of division (C) below, nothing in § 91.04 shall apply to:
(1) Any single-family house sold or rented by an owner where the private individual owner does not own more than three such single-family houses at any one time; provided that in the sale of such single-family house by a private individual owner not residing in the house at the time of sale or exemption shall apply only to one such sale within any 24-month period. The private individual owner may not own any interest in, nor have owned or reserved on his behalf, title to or any right to ail or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time. The sale or rental of any such single family house shall be exempted from application of this section only if such house is sold or rented:
(a) Without the use in any manner of the sales or rental facilities or services of any real estate broker, agent or salesman, or any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent or salesman, or person; and
(b) Without the publication, posting or mailing, after notice of advertisement or written notice in violation of division (C) below, but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other such professional assistance as necessary to perfect or transfer this title; or
(2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
(C) For the purposes of division (B) above, a person shall be deemed to be in the business of selling or renting dwellings if:
(1) They have, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; or
(2) They have, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or
(3) They are the owner of any dwelling unit designed or intended for occupancy by, or occupied by, five or more families.
(Ord. 2014-06, passed 5-13-2014)
§ 91.04 DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING.
As made applicable by § 91.03 and except as exempted by §§ 91.03(B) and 91.09, it shall be unlawful:
(A) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, handicap, familial status or national origin.
(B) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services of facilities in connection therewith, because of race, color, religion, sex, handicap, familial status or national origin.
(C) To make, print, or publish, or cause to be made, printed, or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention to make any such preference, limitation or discrimination.
(D) To represent to any person because of race, color, religion, sex, handicap, familial status or national origin that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.
(E) For profit, to induce or attempt to induct any person to sell or rent any dwelling by representations regarding the entry or perspective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status or national origin.
(F) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of:
(1) That buyer or renter;
(2) A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(3) Any person associated with that person.
(G) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of:
(1) That person; or
(2) A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(3) Any person associated with that person.
(H) For purposes of this division, DISCRIMINATION includes:
(1) A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modifications, reasonable wear and tear excepted;
(2) A refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or
(3) In connection with the design and construction of covered multi-family dwellings for first occupancy after the date that is 30 months after September 13, 1998, a failure to design and construct those dwellings in such a manner that:
(a) The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;
(b) All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
(c) All premises within such dwellings contain the following features of adaptive design:
1. An accessible route into and through the dwelling;
2. Light, switches, electrical outlets , thermostats, and other environmental controls in accessible locations;
3. Reinforcements in bathrooms such that an individual in a wheelchair can maneuver about the space.
(4) Compliance with the appropriate requirement Americans with Disabilities Act of 1990 and of the American National Standard for Buildings and Facilities providing accessibility an usability for physically handicapped people (commonly cited as DANSI A117.1) suffices to satisfy the requirements of division (H)(3)(c)3.
(5) Nothing in this division requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health of safety of other individuals of whose tenancy would result in substantial physical damage to the property of others.
(Ord. 2014-06, passed 5-13-2014)
§ 91.05 DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED TRANSACTIONS.
(A) It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin.
(B) As used in this section, the term RESIDENTIAL REAL ESTATE-RELATED TRANSACTION means any of the following:
(1) The making or purchasing of loans or providing other financial assistance:
(a) For purchasing, constructing, improving, repairing, or maintaining a dwelling; or
(b) Secured by residential real estate.
(2) The selling, brokering, or appraising of residential real property.
(C) Nothing in this chapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status.
(Ord. 2014-06, passed 5-13-2014)
§ 91.06 DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES.
It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, handicap, familial status or national origin.
(Ord. 2014-06, passed 5-13-2014)
§ 91.07 INTERFERENCE, COERCION, OR INTIMIDATION.
It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by §§ 91.03, 91.04, 91.05 or 91.06.
(Ord. 2014-06, passed 5-13-2014)
§ 91.08 PREVENTION OF INTIMIDATION IN FAIR HOUSING CASES.
Whoever, whether or not acting under code or law, by force or threat of force willfully injures, intimidates or interferes with, or attempt to injure, intimidate or interfere with:
(A) Any person because of his race, color, religion, sex, handicap, familial status, or national origin and because he is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or
(B) Any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from:
(1) Participating, without discrimination on account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, services, organizations or facilities described in division (A) above; or
(2) Affording another person or class of persons opportunity or protection so to participate; or
(C) Any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, services, organizations or facilities described in division (A) above, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate shall be fined according to local, state and federal law; and if bodily injury results shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.
(Ord. 2014-06, passed 5-13-2014)
§ 91.09 EQUAL ACCESS TO HOUSING IN HUD PROGRAMS.
Pursuant to 24 CFR Part 5.403 and 24 CFR Part 574.3 the definition of FAMILY is revised to include families regardless of the actual or perceived sexual orientation, gender identity, or marital status of its members.
(Ord. 2014-06, passed 5-13-2014)
§ 91.10 EXEMPTIONS.
(A) Exemptions defined or set forth under I.C. 22-9.5-3 et seq. shall be exempt from the provisions of this chapter to include those activities or organizations set forth under divisions (B) and (C ) below.
(B) (1) Nothing in this chapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color or national origin.
(2) Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.
(C) Nothing in this chapter regarding familial status shall apply with respect to housing for older persons. As used in this section, HOUSING FOR OLDER PERSONS means housing:
(1) Provided under any state or federal program that the Secretary of the Federal Department of Housing and Urban Development or the state Civil Rights Commission determines is specifically designed and operated to assist elderly person (as defined in the state or federal program) or;
(2) Intended for, and solely occupied by, person 62 years of age or older; or
(3) Intended and operated for occupancy by at least one person 55 years of age or older per unit.
(Ord. 2014-06, passed 5-13-2014)
§ 91.11 ADMINISTRATIVE ENFORCEMENT OF CHAPTER.
(A) The authority and responsibility for properly administering this chapter and referral of complaints hereunder to the Commissioner as set forth in division (B) below shall be vested in the Chief Elected Official of the town.
(B) Notwithstanding the provisions of I.C. 22-9.5-4-8, the town, because of lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under the chapter, herein elects to refer all formal complaints of violation of the articles of this chapter by complainants to the Indiana Civil Rights Commission for administrative enforcement actions pursuant to I.C. 22-9.5-6 and the Chief Elected Official of the town, shall refer all said complaints to the Commission as provided for under division (A) above to said Commission for purposes of investigation, resolution and appropriate relief as provided for under I.C. 22-9.5-6.
(C) All executive departments and agencies of the town shall administer their departments, programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this chapter and shall cooperate with the Chief Elected Official and the Commission to further such purposes.
(D) The Chief Elected Official of the town, or the Chief Elected Official's designee, shall provide information on remedies available to any aggrieved person or complainant requesting such information.
(Ord. 2014-06, passed 5-13-2014)
§ 91.12 SEVERABILITY OF PROVISIONS.
If any provision of this chapter or the application thereof to any person or circumstances shall be determined to be invalid, the remainder of the chapter and the application of its provisions to other persons not similarly situated or to other circumstances shall not be affected thereby.
(Ord. 2014-06, passed 5-13-2014)
CHAPTER 92: STREETS AND SIDEWALKS
Section
92.01 General provisions
92.02 Standards
92.03 Administration and enforcement
92.04 Town road right-of-way
92.05 Fee in lieu of sidewalk construction program
92.99 Penalty
§ 92.01 GENERAL PROVISIONS.
(A) Short title. This chapter shall be known and may be cited as the “County Road Right-of-Way Control Ordinance of Johnson County, Indiana”.
(B) Authority. This chapter was enacted pursuant to State Home Rule and consistent with the provisions of I.C. 8-1-23-3 and 8-20-1-28 as amended.
(C) Purpose. The purpose of this chapter is to control the installation of utilities in the county road right-of-way to protect the public health, safety and welfare through:
(1) Establishment of standards governing selected work in the county road right-of-way; and
(2) Creation of a permit system and enforcement program to ensure compliance with standards.
(D) Compliance. It shall be unlawful for any person to cut, dig or excavate, tunnel or bore in any part of any county road or right-of-way within the county or to attach or remove any wire, pipe or conduit from any county bridge, overpass or underpass, unless the activity is in full compliance with all provisions of this chapter and after lawful issuances of permits required by this chapter. The installation of a utility line serving a single property shall be excluded from the permit requirements of this chapter provided that the installation does not disturb pavement in county road right-of-way.
(E) Application. It is not intended by this chapter to interfere with, abrogate or amend any existing easements, covenants or other agreements between parties, nor is it intended by this chapter to repeal, abrogate, annul or in any way interfere with any existing provisions of laws or ordinances not specifically repealed by this chapter, or any rules, regulations or permits previously adopted or issued pursuant to law, provided however, that where this chapter imposes greater restriction than is imposed by existing provisions, provisions of this chapter shall control; but where the private covenants, permits, agreements, rules or regulations impose a greater restriction than is imposed by this chapter, the greater restriction shall control.
(F) Jurisdiction. This chapter shall apply to all unincorporated land within the county.
(Ord. 88-6, passed 4-4-1988)
§ 92.02 STANDARDS.
(A) Utilities installed in county road right-of-way shall conform to standards adopted by the Board of Commissioners of the county governing:
(1) Methods of installing utilities in the county road right-of-way;
(2) Methods and materials used in backfilling cuts in the county road right-of-way;
(3) Methods and materials used in resurfacing pavement in the vicinity of cuts in county road right-of-way; and
(4) General methods and procedures for repairing public or private tiles damaged in the process of installing utilities in the county road right-of-way.
(B) The County Highway Engineer shall recommend standards for the installation of utilities in the county road right-of-way and may recommend amendments to the standards from time to time as necessary and appropriate.
(Ord. 88-6, passed 4-4-1988) Penalty, see § 92.99
§ 92.03 ADMINISTRATION AND ENFORCEMENT.
(A) Administrative responsibility. The Board of Commissioners of the county shall establish the procedures and responsibilities for the administration and enforcement of this chapter in accordance with the following provisions.
(B) Permit required; application; fees and charges.
(1) It shall be unlawful for any person to cut, dig or excavate, tunnel or bore in any part of any county road or right-of-way within the county or to attach or remove any wire, pipe or conduit from any county bridge, overpass or underpass, except for the purpose of making installations pursuant to contract with the county, without first filing with the County Highway Engineer a written application for permit to make a cut or excavation, or to attach or remove any wire, pipe or conduit from any county bridge, overpass or underpass, at least seven days in advance of the time of beginning the work to be done under the permit. All permits shall be submitted to and be approved by the County Highway Engineer or County Highway Supervisor prior to being filed with the County Auditor. The installation of a utility line serving a single property shall be excluded from the permit requirements of this chapter provided that the installation does not disturb pavement in county road right-of-way.
(2) No permit shall be issued unless the proposed installation is in complete conformity with the provisions of this chapter.
(3) If a right-of-way permit is issued, the applicant shall apply for a certificate of compliance which shall not be issued until the work is complete and compliance with this chapter is evident.
(4) Application for a permit shall be filed on forms provided by the county and shall be accompanied by a description of the location, kind and dimension by feet and inches of the proposed work together with the type of road surface to be cut or excavated, the nature of the opening to be made and the purpose of the proposed work.
(5) All applications must pay a permit and inspection fee in the amount of $40 for projects affecting two miles or less of county road right-of-way and shall pay $.01 for each foot of affected right-of-way in excess of two miles for each permit at the time the permit is filed. The permit shall be valid for 365 days after approval is given by the County Highway Engineer, or, in the absence of the County Highway Engineer, the County Highway Supervisor.
(6) In order that affected property owners may identify the location(s) of tiles(s) or other improvements susceptible to drainage in the right-of-way, the applicant shall, on forms provided by the county, notify and secure the signature of property owners along the affected right-of-way.
(7) The applicant shall provide proof of status as a bona-fide utility under applicable state statutes.
(C) Work agreed to be performed; bond or letter of credit; indemnifying agreement.
(1) As part of the written application, the applicant shall file in the office of the County Auditor a faithful performance bond naming the county as obligee with a good and sufficient surety to be approved by the Board of Commissioners or, in lieu thereof an irrevocable letter of credit issued by a bank or other financial institution approved by the Board of Commissioners, in the following amounts:
(a) For each cut, dig, excavation or tunnel which crosses the county road or right-of-way, the sum of $3,000;
(b) For each bore which crosses the county road or right-of-way, the sum of $1,000;
(c) For the attachment of each wire, pipe or conduit to any county bridge, overpass or underpass, or for the removal of each wire, pipe or conduit therefrom, the sum of $2,000; and
(d) For each cut, dig, excavation, tunnel or bore running parallel to the county road or right-of-way, the sum of $10,000 per mile or part thereof.
(2) A single bond or undertaking, or a single irrevocable letter of credit may be filed for multiple cuts, digs, excavations, tunnels or bores, or for multiple wires, pipes or conduits in the amount described above multiplied by the number of cuts, digs, excavations, tunnels, bores or wires, pipes or conduits.
(3) In lieu of the performance bond or irrevocable letter of credit, public utilities whose rates are regulated by the State Utility Regulatory Commission may submit an indemnifying agreement, the applicant shall agree to do at least the following:
(a) Maintain the road surface which has been disturbed in a smooth and uniform condition for a period of one year after traffic is again permitted to pass over the filled trench or maintain the area cut outside the pavement surface but within the right-of-way to a condition similar to the immediate surrounding area for a period of one year. The maintenance shall meet the approval of the County Highway Engineer, with the advice and consent of the Board of Commissioners;
(b) Erect and maintain all necessary barricades, detour signs, warning signals and lights by night (in conformance with the State Manual of Uniform Traffic Control Devices - latest edition) required to direct traffic safely over or around the place where the work is being done, so long as the work in any way interferes with traffic;
(c) Take all responsibility and shall indemnify the county for any injury or damage resulting to persons or property because of the work;
(d) Each work area shall conspicuously display at the site of the street opening the name, address and telephone number of the person to whom the permit has been issued and a copy of the permit, so long as the hole is open or barricades are in place; and
(e) Give notice to the County Highway Engineer prior to each day that excavations are opened in the rights-of-way.
(4) The performance bonds, irrevocable letters of credit or indemnifying agreements shall provide that the principal shall well and truly observe, fulfill and perform in connection with each provision, term and condition recited above, and that in case of any breach, the county shall be entitled to recover from the principal and/or sureties on the bond or the issuer of the irrevocable letter of credit, the amount of any damages and all costs and attorneys' fees incurred by the county proximately resulting from the failure of the principal to well and faithfully observe and perform under any and all of the provisions, terms and conditions recited above required to be performed, and on the further condition that no recovery by the county of any sum by reason of the bond or irrevocable letter of credit required by this section shall be any limitation upon the liability of the principal to the county, except that any sum received by the county by reason of the bond or irrevocable letter of credit shall be deducted from any recovery which the county might have against the principal.
(D) Keeping bonds, letters or credit and indemnifying agreements current. It shall be the duty of the County Auditor to require all persons making application for a permit under the terms of this chapter to post and keep current the bonds, letters of credit or indemnifying agreements required or authorized hereby.
(E) Non-applicability relating to bonds, letters of credit, indemnifying agreements and fees.
(1) The provisions of this chapter relating to bonds, letters of credit, indemnifying agreements and fees shall not apply to work being done by any city, town, separate municipal corporation or any other county, or by any agency of the state or by any special taxing or service district established by law, provided that the entity shall give at least 24 hours’ notice to the County Highway Engineer of any work and shall do all things required under § 92.02 above. The provisions of this chapter relating to permits, bonds, letters of credit, indemnifying agreements and fees shall not apply to the setting and maintaining of utility poles and their appurtenances along county roads and rights-of-way by any public utility whose rates are regulated by the State Utility Regulatory Commission except new installations greater in length than two miles.
(2) In the case of an emergency, cutting and excavating work and the attachment or removal of any wire, pipe or conduit from any county bridge, overpass or underpass, may proceed without delay; provided, that within the commencement of the work a bond, letter of credit or indemnifying agreement as authorized herein, shall be posted the next day, notice of the work shall be given and a permit obtained from the County Highway Engineer as above provided.
(Ord. 88-6, passed 4-4-1988) Penalty, see § 92.99
§ 92.04 TOWN ROAD RIGHT-OF-WAY.
(A) Short title. This section shall be known and may be cited as the Town Right-of-Way Control Ordinance.
(B) Purpose. The purpose of this section is to control the installation of utilities and other structures in town road right-of-way to protect the public health, safety, and welfare through:
(1) Establishment of standards governing selected work in town road right-of-way;
(2) Creation of a permit system and enforcement program to ensure compliance with standards.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
CLERK-TREASURER. The Bargersville Clerk-Treasurer or his or her designee.
ROAD or TOWN ROAD. A road, street, alley, highway and/or other thoroughfare in the town.
TOWN. The Town of Bargersville, Indiana.
TOWN COUNCIL. The Town Council of the Town of Bargersville, Indiana.
TOWN COUNCIL DESIGNEE. A person designated by the Town Council from time to time.
(D) Compliance. It shall be unlawful for any person to cut, dig or excavate, tunnel or bore in any part of any town road or right-of-way within the town or to attach or remove any wire, pipe or conduit from any town bridge, overpass or underpass, unless the activity is in full compliance with all provisions of this section and after lawful issuances of permits required by this section.
(E) Standards.
(1) Utilities installed in town road right-of-way shall conform to standards adopted by Town Council governing:
(a) Methods of installing utilities in town road right-of-way;
(b) Methods and materials used in backfilling cuts in town road right-of-way;
(c) Methods and materials used in resurfacing pavement in the vicinity of cuts in town road right-of-way; and,
(d) General methods and procedures for repairing public or private tiles damaged in the process of installing utilities in town road right-of-way.
(2) The Town Council Designee shall recommend standards for the installation of utilities in town road right-of-way and may recommend amendments to the standards from time to time as necessary and appropriate.
(F) Administration and enforcement.
(1) Administrative responsibility. The Town Council shall establish the procedures and responsibilities for the administration and enforcement of this section in accordance with the following provisions.
(2) Permit required; application; fees and charges.
(a) It shall be unlawful for any person to cut, dig or excavate, tunnel or bore in any part of any town road or right-of-way within the town or to attach or remove any wire, pipe, or conduit from any town bridge, overpass or underpass, except for the purpose of making installations pursuant to contract with the town, without first filing with the Town Council Designee a written application for permit to make such a cut or excavation, or to attach or remove any such wire, pipe or conduit from any town bridge, overpass or underpass, at least seven days in advance of the time of beginning the work to be done under the permit. All permits shall be submitted to and be approved by the Town Council Designee prior to being filed with the Clerk-Treasurer.
(b) No permit shall be issued unless the proposed installation is in complete conformity with the provisions of this section.
(c) If a right-of-way permit is issued, the applicant shall apply for a certificate of compliance which shall not be issued until the work is complete and compliance with this section is evident.
(d) Application for a permit shall be filed on forms provided by the town and shall be accompanied by a description of the location, kind and dimension by feet and inches of the proposed work together with the type of road surface to be cut or excavated, the nature of the opening to be made and the purpose of the proposed work.
(e) All applications must pay a permit and inspection fee in the amount of $100.00 for projects affecting one mile or less of town road right-of-way and shall pay $.03 for each foot of affected right-of-way in excess of one mile for each permit at the time the permit is filed. The permit shall be valid for 365 days after approval is given by the Town Council Designee .
(f) In order that affected property owners may identify the location(s) of tile(s) or other improvements susceptible to drainage in the right-of-way, the applicant shall, on forms provided by the town, notify and secure the signature of property owners along the affected right-of- way.
(g) The applicant shall provide proof of status as a bona-fide utility under applicable state statutes.
(3) Work agreed to be performed; bond or letter of credit; indemnifying agreement. As part of the written application, the applicant shall file in the office of the Clerk-Treasurer a faithful performance bond naming the town as obligee with a good and sufficient surety to be approved by the Town Council Designee or, in lieu thereof an irrevocable letter of credit issued by a bank or other financial institution approved by the Town Council Designee, in the following amounts:
(a) For each cut, dig, excavation, or tunnel which crosses the town road right-of-way, the sum of $3,000.00.
(b) For each bore which crosses the town road or right-of-way, the sum of $1,000.00.
(c) For the attachment of each wire, pipe, or conduit to any town bridge, overpass or underpass, or for the removal of each wire, pipe or conduit therefrom, the sum of $2,000.00.
(d) For each cut, dig, excavation, tunnel or bore running parallel to the town road or right-of-way, the sum of $10,000 per mile or part thereof. A single bond or undertaking, or a single irrevocable letter of credit may be filed for multiple cuts, digs, excavations, tunnels, or bores, or for multiple wires, pipes or conduits in the amount described above multiplied by the number of cuts, digs, excavations, tunnels, bores or wires, pipes or conduits. In lieu of the performance bond or irrevocable letter of credit, public utilities whose rates are regulated by the Indiana Utility Regulatory Commission may submit an indemnifying agreement, the applicant shall agree to do at least the following:
1. Maintain the road surface which has been disturbed in a smooth and uniform condition for a period of one year after traffic is again permitted to pass over the filled trench or maintain the area cut outside the pavement surface but within the right-of-way to a condition similar to the immediate surrounding area for a period of one year. The maintenance shall meet the approval of the Town Council Designee.
2. Erect and maintain all necessary barricades, detour signs, warning signals and lights by night (in conformance with the Indiana Manual of Uniform Traffic Control Devices - latest edition) required to direct traffic safely over or around the place where the work is being done, so long as the work in any way interferes with traffic.
3. Take all responsibility and shall indemnify the town for any injury or damage resulting to persons or property because of the work.
4. Each work area shall conspicuously display at the site of the street opening the name, address and telephone number of the person to whom the permit has been issued and a copy of the permit, so long as the hole is open or barricades are in place.
5. Give notice to the Town Council Designee prior to each day that excavations are opened in the right-of-way.
(4) Keeping bonds, letters of credit and indemnifying agreements current. It shall be the duty of the Clerk-Treasurer to require all persons making application for a permit under the terms of this section to post and keep current the bonds, letters of credit or indemnifying agreements required or authorized hereby.
(5) Nonapplicability related to bonds, letters of credit, indemnifying agreements, and fees.
(a) The provisions of this section relating to bonds, letters of credit, indemnifying agreements and fees shall not apply to work being done by any city, town, separate municipal corporation or county, or by any agency of the state or by an special taxing or service district established by law; provided that the entity shall give at least 24 hours notice to the Town Council Designee of any such work and shall do all things required under division (E) of this section. The provisions of this section relating to permits, bonds, letters of credit, indemnifying agreements and fees shall not apply to the setting and maintaining of utility poles and their appurtenances along town roads and rights-of-way by any public utility whose rates are regulated by the Indiana Utility Regulatory Commission except new installations greater in length than one mile.
(b) In the case of an emergency, cutting and excavating work and the attachment or removal of any wire, pipe or conduit from any town bridge, overpass or underpass, may proceed without delay; provided, that within the commencement of the work a bond, letter of credit, or indemnifying agreement as authorized herein, shall be posted the next day, notice of the work shall be given and a permit obtained from the Town Council Designee as above provided.
§ 92.05 FEE IN LIEU OF SIDEWALK CONSTRUCTION PROGRAM.
(A) Purpose.
(1) The Town of Bargersville supports the installation of sidewalks by the development community at the time of development and construction; however, circumstances may arise when current site conditions or other considerations justify the acceptance of a fee in lieu of sidewalk constriction.
(2) It is the purpose of this section, and rules and regulations set forth, to establish a fee in lieu of sidewalk construction program for the Town of Bargersville to provide an alternative method for funding sidewalk construction requirements and to establish a sidewalk fund to facilitate the construction, improvement, and maintenance of pedestrian facilities within the town.
(B) Fee in Lieu of Sidewalk Construction Program.
(1) A Fee in Lieu of Sidewalk Construction Program is hereby established for any project that is required to install sidewalks under the standards of the Town of Bargersville Unified Development Code.
(2) Fee calculation. The fee calculation for approved payments in lieu of sidewalk construction shall be based on the square feet of sidewalk required as part of the development.
(3) Fee. Approved applicants shall pay $17 per square foot of required sidewalk into the sidewalk fund.
(a) The per square foot fee shall increase automatically on December 1 of each calendar year by 2% or the 12-month consumer price index as reported by the United States Bureau of Labor Statistics; whichever is greater.
(4) Fee shall be due prior to:
(a) Transfer of ownership and acceptance of maintenance bonds for applicable residential developments.
(b) Issuance of a building permit for applicable residential and commercial projects.
(C) Evaluation criteria.
(1) While any project may submit a request to pay a fee in lieu of sidewalk construction, it is the intention of the town to limit the approval of such requests to those that merit serious consideration. The following list of criteria shall be used for the purpose of evaluating a payment in lieu of construction request. A project is not required to meet all the following criteria to be considered eligible.
(a) There are no sidewalks within 1,320 feet of the exterior boundaries of the project, and it is unlikely that there will be development within 1,320 feet that would require the installation of sidewalks in the future.
(b) A stormwater drainage ditch or similar public utility facility prevents the installation of the sidewalk, and neither the sidewalk nor the facility can be reasonably relocated to accommodate both the sidewalk and the facility.
(c) The topography would require the construction of a retaining wall more than six-feet in height to accommodate the sidewalk.
(d) There is a planned roadway or infrastructure improvement scheduled to be implemented within the next five-years which would require the removal or relocation of the required sidewalk.
(e) Other unusual circumstances make the sidewalk installation requirement unreasonable or inappropriate.
(D) Establishment of a Sidewalk Fund.
(1) Fund establishment. There is hereby established a special fund for the deposit of all sums paid in lieu of sidewalk construction per this policy (hereafter referred to as the "Sidewalk Fund"). These funds shall only be used to install new sidewalks or new pedestrian facilities as detailed in division (D)(2). Costs associated with sidewalk repairs shall be otherwise budgeted by the town and shall not utilize the Sidewalk Fund.
(2) Eligible facilities. The Sidewalk Fund shall be used to install new pedestrian facilities including, but not limited to, the following:
(a) New sidewalks or trails that fill a gap between two existing sidewalk or trail segments.
(b) New ADA compliant curb ramps.
(c) New pedestrian crosswalks pavement marking.
(d) New pedestrian warning signs and / or signals.
(3) Prioritization. The town shall periodically complete a priority listing for the installation of sidewalk improvements, giving full consideration to the following:
(a) Pedestrian ways along one side of the streets that constitute major walking routes to a public school.
(b) Pedestrian ways along one side of the streets that constitute major walking route to a public facility or along streets designated as major or minor thoroughfare in the town's comprehensive plan.
(c) Pedestrian ways along a second side of the streets that constitute a major walking route to public schools, other public facilities, or along major or minor thoroughfares, where pedestrian facilities already exist on one side.
(d) Pedestrian ways that fill a gap between two existing segments.
(e) Facilities that address pedestrian safety when crossing a major or minor thoroughfare.
(f) Other improvements, other than those described, as determined by the town.
(E) Process. All requests for payment in lieu of sidewalk construction shall be heard by the Bargersville Town Council and evaluated on the criteria provided in this section.
(Ord. 2024-12, passed 5-28-2024)
§ 92.99 PENALTY.
Any person, firm, partnership or corporation who violates any provision of this chapter shall be guilty of an ordinance violation and, upon conviction, be fined up to $2,500 and, for violations continued or renewed after one conviction, each day's violation shall constitute a separate offense.
93.09 Disturbing, injuring or removing wildlife and vegetation prohibited
93.10 Fires and fireworks
93.11 Firearms and explosive devices
93.12 Disposal of rubbish, refuse and garbage
93.13 Vehicles and parking
93.14 Bicycle/pedestrian trail restrictions
93.15 Alcohol, narcotics and sale of alcoholic beverages
93.16 Tobacco and e-cigarettes
93.17 Park scheduling, permits and fees
93.18 Parades and meetings in the parks
93.19 Prohibited activities
93.20 Rules and regulations promulgation
93.21 Failure to comply
93.22 Laws and regulations
§ 93.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BARGERSVILLE PARKS BOARD. The governing body of the Bargersville Parks District made up by appointed officials of the Bargersville Town Council (hereafter called the Parks Board).
CAMPING. Erecting a tent or shelter or arranging bedding, or both, or parking a recreational vehicle or other vehicle for the purpose of remaining overnight.
DIRECTOR. The Director of Parks and Recreation, or his/her designee.
MOTOR VEHICLE. Any self-propelled device capable of being moved upon a road, and in, upon, or by which any persons or property may be transported or drawn, and includes, but is not limited to, automobiles, trucks, tractors, motorcycles, motor scooters, four-wheel drive vehicles (jeeps or similar type), golf carts, and snowmobiles, whether or not they can legally be operated upon the public highways.
PARK. All Bargersville parks, park drives, parkways, trails, athletic fields, play structures, play and recreation grounds or other properties within park boundaries, owned or operated by the Bargersville Parks Board.
PERMIT. Any group or organization desiring to use park facilities for a specific purpose, shall obtain a special events permit before engaging in such activity, which use permit shall be issued by the Director, or his/her designee.
PERSON. All individuals, firms, partnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves or by an agent, servant, or employee.
SPECIAL EVENT. A group recreation activity in a Bargersville park, sponsored or organized by an individual or organization that requires reserving park areas, planning, facilities, staffing, or other services beyond the level normally provided at a Bargersville park to ensure public welfare and safety, and facility or environmental protection.
TRAIL. Any path or track designed for use by pedestrians, bicycles, or equestrians, and which is not of sufficient width, nor designed to permit its use by standard passenger automobiles, or other right-of-way specifically designated and posted for non-vehicular use.
This section is to ensure the public can use the parks without undue disturbance and to ensure neighbors are not unnecessarily disturbed.
(A) No person shall use profane or abusive language, or conduct oneself in a disorderly manner.
(B) No person shall engage in any activity that has been deemed potentially hazardous to public safety or park property or incompatible with park property use as designated and posted by the Department of Parks and Recreation.
(C) No person shall used a powered public address system, amplified speaker system or other such equipment at a volume which emits sound beyond the immediate individual that may disturb other park users without written permission of the Department of Parks and Recreation. Portable radios and music players are permitted, provided they shall not be operated at a volume or in any manner which unreasonably disturbs the peace of others.
(D) Amplified music or public address systems in the parks shall make written application to the Department of Parks and Recreation in advance of the proposed use.
Individuals listed on State of Indiana Sex Offender Registry published and disseminated by the Indiana Criminal Justice Institute are prohibited from all parks and other recreational areas of the town.
(Ord. 2023-06, passed 3-21-2023)
§ 93.05
CAMPING.
No person shall erect or maintain a tent or other shelter, or otherwise camp within any park or other recreational area without express written permission of the Department of Parks and Recreation.
(A) Protection of animals. No person shall pursue, injure, or endanger in any way or remove any wildlife on or upon park property, except with written permission of the Department.
(B) Hunting or trapping. No person shall hunt or trap in or on, or bring any device for hunting or trapping into or onto park property, except with written permission of the Department.
(C) Trespassing animals. Any animals straying into, running at large, unattended or trespassing on park property, may be impounded and if not reclaimed and the costs thereof, including any damages caused by such animals, paid for by the owners.
(D) Horseback riding. No person shall ride, lead or drive a horse, mule or donkey on any park property except with written permission of the Department.
(E) Pets. All dogs, cats or other animals shall be properly restrained when on park property. Such animals are properly restrained when secured by a leash or lead and under the physical control of the animal's owner or attending party.
(F) No person shall bring any pet into a park or other recreational area in the town unless the person shall continuously supervise such pet, including preventing or promptly repairing any damages caused by the pet and picking-up and disposing of any excrement dropped by the pet upon any park property. All pets are to be secured by a leash or lead and under the physical control of the animal's owner or attending party.
(A) No person shall sell, offer for sale, or barter any goods, wares or merchandise of any kind without first having obtained written consent from the Department.
(B) Distribution or posting of signs, brochures, notices or any other written material may not be affixed to any tree, shrub, fence railing, post or structure within any park without prior written permission from the Department of Parks and Recreation.
(A) No person shall damage, deface, remove or otherwise alter any sign, structure, fixture or other improvement in any park or other recreational area in the town. The signs, structures, fixtures or other improvements shall include, but not be limited to, any drive, roadway, walk, path, trail, bridge, wall, monument, statue, fountain, grill, table, bench, fence, gate, building, pool and recreational equipment.
(B) No person shall climb any tree or walk, stand or sit upon monuments, vases, fountains, railing, fences or upon any other property not designated or customarily used for such purposes.
§ 93.09
DISTURBING, INJURING OR REMOVING WILDLIFE AND VEGETATION PROHIBITED.
(A) Preservation of natural resources.
(1) No person shall remove any soil, rock, stones, trees shrubs, plants or any other natural resources from any park.
(2) No person shall harvest, damage, cut, carve, transplant or otherwise disturb or damage any plant, flower, bush, tree or other vegetation growing in any park or other recreational area except in accord with a specific permit issued by the Department of Parks and Recreation.
(3) No person shall attach any rope or cable or other contrivance to any tree, fence, railing, bridge, bench or other structure.
(B) Dealing with vegetation and natural material.
(1) It is strictly prohibited for any person to knowingly plant, deposit cultivate, place or remove within any park any vegetation or seed therefrom, except in accord with a specific permit issued by the Department of Parks and Recreation.
(2) It is strictly prohibited for any person to displace, excavate, carry away, or otherwise remove or modify the arrangement of any soil, sand, gravel, stone rock, asphalt, or other ground surface material within any park, except in accord with a specific permit issued by the Department of Parks and Recreation.
(C) Protection of wildlife. No person shall harass, hurt, trap, injure, remove or otherwise disturb any wildlife located in any park or other recreational area in the town without the express written permission of the Town Council. The term WILDLIFE shall mean any wild mammal, bird, reptile, amphibian, mollusk, crustacean or other wild animal or any part, product, egg, offspring or the dead body or parts of the wild animal.
(Ord. 2023-06, passed 3-21-2023)
§ 93.10
FIRES AND FIREWORKS.
(A) Fire. No person shall use or build a fire on park property for any purpose. This section shall not be construed to prohibit the use of grills or portable stoves in such place and manner as not to create a hazard.
(B) Fireworks. Discharging of fireworks is prohibited in any park, trail or property owned or maintained by the Department.
(A) Except when acting in self-defense, as that term is defined under state law, no person shall discharge a firearm within any park property, park facility on any trail.
(B) Crossbow, bow and arrows, spear, spear gun, harpoon, BB guns, air or gas weapon or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property are strictly prohibited in any park. This prohibition does not prohibit the possession/use of the following items in the following situation:
(1) Kitchen utensils customarily used for food preparation or dining.
(2) Knives, hatchets or axes used on wood, kindling or other material brought into a park by scouts or other groups upon written permission from the Department.
(3) Firework displays by a group permitted by the Department and the Bargersville Fire Department.
No person shall take into, carry through or put into any park or other recreation area any rubbish, refuse, garbage or other material except any refuse or garbage resulting from properly using the parks and recreation areas which shall be deposited in receptacles provided. Where receptacles or adequate receptacles are not provided, all such rubbish or waste shall be carried away from the park or recreation area by the person responsible for its presence and disposed of elsewhere.
(Ord. 2023-06, passed 3-21-2023)
§ 93.13
VEHICLES AND PARKING.
(A) Use of motorized vehicles. Use of trucks, cars, motorbikes, motor-scooters, motorcycles, mini-bikes, go-carts and any other form of motorized vehicles upon park property may be restricted, prohibited, or regulated, in any manner deemed necessary by the Department.
(B) Overnight parking.
(1) No person shall park, leave standing, or abandon a vehicle in any park after closing time, except with written permission from the Department of Parks and Recreation.
(2) Any vehicle found parked in violation of this section may be towed at the owner's or operator's expense.
(Ord. 2023-06, passed 3-21-2023)
§ 93.14
BICYCLE/PEDESTRIAN TRAIL RESTRICTIONS.
(A) Trails are open to the public at dawn and close at dusk or at the conclusion of Department Parks and Recreation programming or park approved activities, whichever is later.
(B) No person shall operate any motorized vehicle, including golf carts, motorized bicycle, motorized skateboard or other similar device upon any trail designed for bicycle/pedestrian use in the town, except persons with a disability, as defined by the American with Disabilities Act, being 42 U.S.C. §§ 12101 et seq., who may operate the specialized motorized equipment designed for their transportation. Motorized vehicles owned and operated by the town and/or its contractors and subcontractors are permitted on any trail designed for bicycle/pedestrian use within town, when doing work for the town or providing a service for the town.
(C) No person shall ride or allow any horse on any trail designed for bicycle/pedestrian use or in any park or other recreational area in the town unless approved by the Department of Parks and Recreation.
(D) No person shall ride a bicycle at an excessive speed or engage in any racing activity upon any trail designed for bicycle/pedestrian use in the town unless participating in a Parks and Recreation Department approved or sponsored function. In-line skaters, skate boarders and bicyclists shall yield to pedestrians. Bicyclists shall yield to all trail users not on bicycles.
(Ord. 2023-06, passed 3-21-2023)
§ 93.15
ALCOHOL, NARCOTICS AND SALE OF ALCOHOLIC BEVERAGES.
(A) Intoxication. No person shall be allowed on park property in a state of intoxication caused by the person's use of alcohol or a controlled substance.
(B) Possession and consumption. No person shall possess, bring up on or consume any alcoholic beverages or controlled substance on park property, except as permitted in division (C).
(C) Sale of alcoholic beverages. Notwithstanding the preceding divisions, a person or entity shall be allowed to dispense, serve or consume alcoholic beverages on park property at special events recognized by the Department of Recreation and for which a permit has been approved and issued for such event and purposes. Such permit shall only be issued upon proof by the applicant of the existence of adequate insurance coverage required by its liquor license and state law and naming the Town of Bargersville as additional insures on such certificate of insurance.
(Ord. 2023-06, passed 3-21-2023)
§ 93.16
TOBACCO AND E-CIGARETTES.
The use of tobacco products including cigarettes, e-cigarettes and vaping is prohibited on all park property.
(Ord. 2023-06, passed 3-21-2023)
§ 93.17
PARK SCHEDULING, PERMITS AND FEES.
Any person or group renting shelters, fields, or other parks and recreation amenities shall conform to the Department of Parks and Recreation published fees, rules and regulations.
(Ord. 2023-06, passed 3-21-2023)
§ 93.18
PARADES AND MEETINGS IN THE PARKS.
No person shall use any park property for conducting or taking part in any parade or in any meeting of any organization without a permit issued by the Department. Chantanqua Assembly shall be granted such permit as required by law and subject to regulations of the Board.
(Ord. 2023-06, passed 3-21-2023)
§ 93.19
PROHIBITED ACTIVITIES.
Activities listed as follows are prohibited within all parks and other recreational areas in the town:
(A) Parking vehicles on grass.
(B) Littering.
(C) Use of metal detectors on any park property is strictly prohibited, except in accord with a permit issued by the Department.
(D) No person shall drive golf balls or golf on park property.
(E) Practice archery.
(F) Other games or activities which may be hazardous to others.
(Ord. 2023-06, passed 3-21-2023)
§ 93.20 RULES AND REGULATIONS PROMULGATION.
The Parks Board or its designee shall have the power to promulgate or adopt additional reasonable rules and regulations for operation, a management and use of parks. Such rules shall be posted in a conspicuous place in the respective park or area.
Failure to comply with these rules and regulations, or with any other federal, state or local law, rule or regulation applicable under the circumstances, shall subject the person so failing to submit to ejection from any park, and possible prosecution by the civil authority having jurisdiction.
The park's rules and regulations are designed to be consistent with federal, state or local law, rule or regulation. Any park rule or regulation that is inconsistent with federal, state or local law or found to be otherwise void shall not affect the application of all other valid park rules and regulations. Park patrons are ultimately responsible to ensure that their conduct is within the law of whichever civil authority has jurisdiction, regardless of compliance with the park's rules and regulations.
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any live non-human vertebrate creature, domestic, wild or exotic.
AT LARGE. Any animal, licensed or unlicensed, found off the premises of its owner and not under the control of a competent person, restrained within a motor vehicle, housed in a veterinary hospital or kennel, or on a leash or “at heel” beside a competent person and obedient to that person’s command.
DOMESTIC ANIMAL. All domestic animals as defined in I.C. 15-17-2-26, and including but not limited to members of the following species: dog; cat; rabbit; mouse; guinea pig; chinchilla; hamster; and gerbil.
EXOTIC ANIMAL. Any animal whose normative native habitat is not indigenous to the continental United States, except fish and fur bearing animals commercially bred for the furrier trade and birds defined under federal regulations, and nonpoisonous snakes and reptiles.
OFFICER(S). Any police officer (including reserve police officers) and the Johnson County Animal Control Warden and any deputy or subordinate of the Animal Control Warden.
OWNER. Any person, firm, association or corporation owning, keeping, sheltering or harboring an animal.
PET. Any animal kept for pleasure rather than utility.
PUBLIC NUISANCE ANIMAL. Any animal that:
(A) Is repeatedly found at large.
(B) Damages the property of anyone other than the owner.
(C) Displays threatening or aggressive behavior.
(D) Excessively makes disturbing noises, including but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept.
(E) Creates unsanitary conditions or offensive and objectionable odors in enclosures or surroundings and thereby creates unreasonable disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept.
(F) Is not being kept in conformity with town zoning ordinances.
VICIOUS ANIMAL. Any animal that: would constitute a danger to human life or property if it were not kept in the manner required by this chapter; without provocation, inflicts injury on a human being; menaces, maims or kills domestic animals when off its owner's property; has previously exhibited behaviors of a nuisance animal and exhibits escalating aggressive behaviors that result in further complaints; because of its training or behavior is capable of inflicting physical harm or death to humans; or is used in the commission of a crime.
WILD ANIMAL. Any animal that is not a domestic or exotic animal, with the exception of small, nonpoisonous aquatic or amphibious animals and small cage birds, which are normally found in a wild state.
(A) It shall be unlawful for any owner of any dog to allow the dog to run at large, within the incorporated areas within the town. Any and all such dogs found running at large, whether wearing a collar and tag or not, may be immediately impounded by an officer. An officer may pursue the animal onto private property to effect capture of the animal. An officer may exercise discretion as to whether or not a dog shall be impounded.
(B) It shall be the duty of every owner of any dog to ensure that the dog is kept under restraint and that reasonable care and precautions are taken to prevent the dog from leaving the real property limits of its owner and ensure that it is on a leash and under the control of a competent person.
(C) It shall be the duty of every owner of any animal to exercise reasonable care and take all necessary steps and precautions to protect other people, property, and animals from injuries or damage which might result from the animal's behavior. If the owner of any animal is a minor, the parent or guardian of the minor shall be jointly responsible for the minor's violation of this chapter.
(A) Every vicious animal, as determined by the Animal Control Warden, shall be restrained by the owner within a building or behind a locked fence of sufficient height and materials to securely contain the dog and prevent the animal from escaping by slipping under or over the fence or through an open gate. Whenever off the premises of the owner, every vicious animal shall be physically confined by a leash and muzzle or confined to a cage or crate so as to effectually prevent the animal from biting.
(B) Every vicious animal shall be spayed or neutered and micro-chipped at the owner's expense within thirty days from being declared vicious.
(C) Every owner of a vicious animal must report to the police and Animal Control Warden the following within twenty-four hours of its occurrence; the death of the vicious animal; a change in owner's place of primary residence; a change in location where the vicious animal is kept, boarded, or otherwise held; a change in the ownership of a vicious animal, including the name, address, and telephone number of the new owner and location of the vicious animal.
(D) Any vicious animal found running at large, whether wearing a collar and tag or not, may be immediately impounded by an officer. An officer may pursue the animal onto private property to effect capture of the animal.
(E) If any animal (whether or not it has previously been declared to be vicious) escapes from the person having charge or control of the animal, and the animal without provocation endangers, destroys or constitutes a danger to human life or the life of any other animal and cannot be immediately and safely recaptured, the animal may be destroyed by any officer.
Every owner of every animal kept in the town shall see that the animal:
(A) Is kept in a clean and sanitary and healthy manner and is not confined so as to be forced to stand, sit or lie in its own excrement. The person responsible for the animal shall regularly and as often as necessary maintain all animal areas or areas of animal contact to prevent odor or health and sanitation problems;
(B) Shall have proper and adequate food that is nutritionally appropriate for the species in adequate amounts to maintain good health, fresh potable drinking water, shelter and ventilation, including quarters that are protected from excessive heat and cold and are of sufficient size to permit the animal to exercise and move about freely;
(C) Shall not be tethered by use of a choke collar not by any rope, chain or cord directly attached to the animal’s neck, nor by a leash less than 12 feet in length or of such unreasonable weight as to prevent the animal from moving about freely;
(D) Is protected against abuse, cruelty, neglect, torment, overload, overwork, or any other mistreatment;
(E) Shall provide reasonably necessary veterinary care, in addition to the required rabies vaccination, which shall include distemper, parvo virus inoculations; if diseased or exhibiting symptoms of disease, receives proper medical care and is segregated from other animals so as to prevent transmittal of the disease; and
(F) Is maintained in compliance with all applicable federal, state and local laws and all regulations respecting animal care and control as are adopted by the town and in effect from time to time.
(Ord. 2011-23, passed 12-13-2011)
§ 94.06 ANIMAL WASTE.
The owner of every animal shall be responsible for the removal of any feces deposited by his or her animal on public property, public walks, public parks, beaches, recreation areas or private property of others. Owners of service dogs may be exempted from this section.
(Ord. 2011-23, passed 12-13-2011)
§ 94.07 GENERAL TOWN ANIMAL REGULATIONS.
No person having ownership of an animal shall, within the incorporated limits of the town:
(A) Knowingly or negligently permit a domestic animal to destroy or deface shrubbery, lawns, flowers, gardens, or other property.
(B) Knowingly or negligently permit any animal to chase or harass vehicles or pedestrians on public streets and sidewalks, or obstruct the normal use of the streets and sidewalk.
(C) Keep any livestock on the property having a lot size less than one acre. Agricultural uses shall be exempt from this requirement provided they meet the requirements of the Agricultural Zoning District.
(D) Keep any wild animal, other than small species as may be lawfully obtained through regular retail pet stores, or animals kept by zoos, circuses, educational institutions, or scientific establishments which are authorized under the game and wildlife laws of the state or the United States to keep and harbor the animals in captivity.
The Town Council finds that the terms and conditions of this chapter are in the best interests of all citizens of the town.
(Ord. 2011-23, passed 12-13-2011)
§ 94.09 INVESTIGATION.
(A) Procedure: declaring an animal to be vicious.
(1) If the Animal Control Warden has reason to believe that an animal is vicious, the Animal Control Warden may conduct such investigation as he deems necessary regarding the matter. After the investigation, the Animal Control Warden may convene a hearing for the purpose of determining whether the animal shall be declared vicious. The Animal Control Warden shall provide reasonable notice of the hearing to the owner.
(2) Prior to the hearing, if the Animal Control Warden has probable cause to believe that an animal is vicious and may pose a threat to public safety, the Animal Control Warden may obtain a search warrant pursuant to the laws of this jurisdiction and impound the animal pending disposition of the case. The owner of the animal shall be liable for the cost and expenses of keeping the animal at the Animal Shelter. The owner shall pay on the first day of detention of the animal the full amount of costs for 15 days of impoundment as the animal is held pending hearings and appeals.
(3) The hearing shall be held no less than five and not more than 20 days, excluding holidays, Saturdays, and Sundays, after service of notice upon the animal's owner. The hearing shall be informal and open to the public. The owner shall have the opportunity to present evidence as to why the animal should not be declared vicious and why it would not pose a threat to public safety if returned to its owner. The Animal Control Warden may present all issues for or against the owner of the animal regardless of whether the owner appears at the hearing.
(4) Within ten days after the hearing, the Animal Control Warden shall make a determination of whether or not the animal is vicious and shall notify the owner in writing of the determination.
(5) The owner may, within five days after a determination that an animal is vicious, seek an appeal of the determination before the Animal Control Review Panel. An appeal is initiated by delivering to the Animal Control Warden a written request for an appeal. During the pendency of the appeal, the owner must comply with the requirements for owning vicious animals, set out in § 94.04.
(6) A decision by the Animal Control Review Panel overturning the Animal Control Warden shall result in the return of the animal to the owner.
(7) If, after an animal is determined vicious, additional incidents which identify the animal as vicious occur, the Animal Control Warden may request a court order to humanely euthanize the animal.
(B) Animal Control Review Panel.
(1) The Animal Control Review Panel (or "Panel") shall decide appeals of determinations of the Animal Control Warden.
(2) The Panel shall consist of three members, appointed on a case by case basis; two shall be appointed by the Town Council President or his designee and one shall be appointed by the Chief of Police or his designee. An officer involved in the apprehension of the potentially vicious animal may not serve on the Panel when it considers an appeal regarding that animal.
(C) Public complaints of regarding vicious or public nuisance animals. Any person may file a complaint with the Animal Control Warden or the Bargersville Police Department that a particular animal harbored within the town is a vicious animal or a public nuisance animal. An officer thereafter shall investigate complaint, which may include, but not be limited to, discussions with the owner and others regarding such complaint.
(Ord. 2017-14, passed 7-11-2017)
§ 94.99 PENALTY.
(A) A person violating any provision of this chapter shall have committed a code or ordinance violation and is subject to a penalty, with each violation being a separate and distinct violation and subject to being penalized accordingly. The schedule of fines shall provide for an increasing fine for subsequent offenses.
(B) The schedule of fines is:
Animals running at large
First offense
$25
Second offense
$50
Third offense
$100
Nuisance animal violation
First offense
$200
Second offense
$500
Third offense
$750
All subsequent offenses
$1,000
Vicious animal incident
First offense
$500
Second offense
$1,000
Third offense
$1,500
All subsequent offenses
$2,000
(C) Any court of competent jurisdiction in the county shall be a court of proper venue and jurisdiction for the enforcement of this chapter. If the town has an Ordinance Violations Bureau, a violation may also be referred to the Ordinance Violations Bureau.
(D) All fines shall be paid at the Town Hall to the office of the Clerk-Treasurer.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAMPING. Staying overnight anywhere other than in a permanent structure.
FLEA MARKET.
(1) Flea market, swap shop, meet or other similar activity, by whatever name, or those uses which involve the setting up of booths, tables, platforms, racks or similar display areas for the purpose of selling or buying merchandise, goods, materials, food, products or other items offered for sale outside of a fully enclosed building.
(2) A FLEA MARKET as defined herein shall not be intended to include a garage sale or bake sale which occurs no more often than every two months for a period of one day, fruit, produce, lemonade or other similar stands operated by an owner of the produce to be sold on his or her own farmed property or property farmed pursuant to a lease , booths in a fully enclosed building, art festival or any similar activity or sales done by local civic groups or by local non-profit organizations.
FLEA MARKET OPERATOR. Any individual, family, corporation, partnership, firm, organization or any other group that is the owner, operator, manager or lessee of the property on which a flea market is located.
PERMANENT STRUCTURE. A building on a permanent foundation which complies with all building, zoning and other ordinances and regulations of the town.
In order to prevent or abate any nuisance which may now or hereafter exist by reason of the operation of an unregulated flea market, the following rules and regulations regarding the operation of a flea market are hereby imposed.
(A) Non-permanent structures may not remain on the flea market site before or after hours of operation, except as provided in division (B) and (D). Each non-permanent structure that remains on the flea market site, except as provided in division (B) and (D), constitutes a separate violation. Each day that any non-permanent structure remains on the flea market site, except as provided in division (B) and (D), constitute a separate violation.
(B) Flea markets may be operated for general business from 7:00 a.m. until 7:00 p.m. Flea market operators may lease space to vendors two hours prior to opening for general business. Vendors may remain on flea market site two hours after the conclusion of general business for the purpose of removing their merchandise. Flea market operators may not lease space to a vendor who has not obtained a vendor license from the Town of Bargersville.
(C) Each flea market shall maintain functional rest room facilities as required by the County Board of Health.
(D) The flea market site shall be kept clean of all debris, litter and trash. Suitable closed containers, such as dumpsters, shall be provided by the flea market operator for debris, litter and trash.
(E) Noise shall be limited to such a level as not to disturb neighbors.
(F) No camping shall be allowed on the flea market site.
(G) There shall be no parking along any highway shoulder or right-of-way bordering flea market. Violation of the no parking restrictions will be an offense chargeable to the individual causing the violation and the flea market operator(s).
(H) The minimum distance between the front of a flea market operation and the center line of a state highway is 40 feet. The minimum distance between the front of a flea market operation and the center line of a county road is 26.5 feet.
(A) A person or entity who violates this chapter shall be subject to a fine of not less than $250, and each day that an offense continues shall constitute a separate violation.
(B) Proceedings to enforce this chapter shall be brought in the name of the town, as provided by law. Any person charged with a violation of this chapter may pay the fine within 48 hours following the violation at the office of the Clerk-Treasurer of the town, which payment shall be deemed a compliance with the person's written promise to appear in court in lieu of arrest or filing of a complaint and issuance of summons.
CHAPTER 111: SOLICITORS, TRANSIENT MERCHANTS AND PEDDLERS
Section
111.01 Purpose
111.02 Definitions
111.03 License
111.04 License fee
111.05 Exceptions
111.06 Enforcement and penalties for operating without a license
111.07 Responsibility of owner operating a public marketplace
§ 111.01 PURPOSE.
The purpose of this chapter is to provide for the regulation of solicitors, transient merchants and peddlers and to impose penalties for violations of this chapter.
(Ord. 2018-30, passed 11-27-2018)
§ 111.02 DEFINITIONS.
For purposes of this chapter, the following definitions shall apply:
LICENSE ADMINISTRATOR. The Town of Bargersville Director of Development or his or her designee.
PEDDLER. Any person who goes from house to house, from place to place or from street to street, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale, or making sales and delivering articles to purchasers.
PERSON. Any of the following:
(1) An association;
(2) A corporation;
(3) A limited liability company;
(4) A trust;
(5) An individual;
(6) A partnership;
(7) Any other legal entity.
PERSON-IN-CHARGE. The individual present at a public marketplace (or who manages a public marketplace) who is responsible for the operation at the time of inspection.
PUBLIC MARKETPLACE. An area or location within the town where peddlers, solicitors, transient merchants or others gather for the display, sale and/or delivery of goods, wares, merchandise or food.
SOLICITOR. Any person who goes from house to house, from place to place, or from street to street, soliciting or taking orders for sale of goods, wares or merchandise, including magazines, books, periodicals, or other personal property, for immediate or future delivery, or for services to be performed immediately or in the future. Such definition includes any person who, for himself or another, leases, uses or occupies any building, vehicle, trailer, tent, railroad car, hotel room, booth, public marketplace or part thereof, or other place in the town for the primary purpose of exhibiting sales and taking order for future delivery.
TRANSIENT MERCHANT. Any person who engages in a temporary business of selling and/or delivering goods, wares, merchandise or food within the town, and who in furtherance of such purpose leases, uses or occupies any building, vehicle, trailer, tent, railroad car, hotel room, booth, public marketplace or part thereof, or other place in the town, for the exhibition and sale of such goods, wares or merchandise or food.
(Ord. 2018-30, passed 11-27-2018)
§ 111.03 LICENSE.
(A) No person shall engage in the business of peddler, solicitor or transient merchant in the Town without first obtaining a license from the license administrator.
(B) A person who wishes to engage in business as a solicitor, transient merchant or peddler in the town shall file a verified license application with the license administrator and pay the necessary license fee. The application shall include the following information:
(1) Name and address of each person expected to engage in the business;
(2) A brief description of the nature of the business and the goods, wares, merchandise, or food to be sold;
(3) The name and address of employer or person employed by employer, if any;
(4) The length of time for which the right to do business is desired;
(5) If the employer is an association, corporation, limited liability company, partnership or other legal entity, the state of its incorporation or other formation or organization, whether it is authorized to do business in Indiana and evidence that the legal entity has designated a resident agent in the State of Indiana upon who legal service may be made and that the legal entity will be responsible for the acts of its employees in the town.
(6) The last municipalities, not exceeding three, where applicant carried on business immediately preceding date of application, and the addresses from which such business was conducted in those municipalities.
(C) It shall be unlawful for an applicant for a license to provide false information on the license application form.
(D) A license issued under this chapter be transferred by the licensee to any other person.
(Ord. 2018-30, passed 11-27-2018)
§ 111.04 LICENSE FEE.
The fee for such license is $25 per day, or $100 per week, or $250 for six months or $300 for one year.
(Ord. 2018-30, passed 11-27-2018)
§ 111.05 EXCEPTIONS.
This chapter shall not apply to the following:
(A) To merchants or their employees in delivering goods in the regular course of business;
(B) To vendors of milk, bakery products, groceries or ice who distribute their products to regular customers on established routes;
(C) To farmers on their own real estate or on real estate they farm pursuant to a lease who vend, sell or dispose of, or offer to sell, vend, or dispose of the products of the farms or gardens occupied and cultivated by them;
(D) The sale of goods or services to benefit a charitable cause or charitable organization provided that each person who engages in the sale of good or services has in his or her possession a document or other proof that identifies that person as being authorized by the organization to engage in such sales;
(E) The sale of goods or services at an event that is sponsored or run by a 501(c)(3) non-profit organization or other charitable/non-profit organization;
(F) Any sale required by statute or by order of any court;
(G) Garage sales; or
(H) Any person or business participating in a town sponsored event or an event allowed by the town on town property or other public property.
(Ord. 2018-30, passed 11-27-2018)
§ 111.06 ENFORCEMENT AND PENALTIES FOR OPERATING WITHOUT A LICENSE.
(A) It shall be the duty of each law enforcement officer of the town to determine that persons engaged as solicitors, transient merchants or peddlers are licensed with the town and otherwise in compliance with the provisions of this chapter.
(B) If not in compliance, a law enforcement officer shall issue a complaint and summons.
(C) A law enforcement officer who issues a complaint and summons ticket form to a person for a violation of this article, and who has reason to believe the violation will continue after issuance of the ticket, may take possession of any tangible goods being offered for sale. Such goods may be retained by the town until the license administrator issues the person a license under this article or the enforcement action is concluded, whichever occurs first.
(D) A person who violates § 111.03 of this chapter shall be subject to a fine of not less than $250, and each day that an offense continues shall constitute a separate violation.
§ 111.07 RESPONSIBILITY OF OWNER OPERATING A PUBLIC MARKETPLACE.
(A) It shall be the duty of both the owner of a public marketplace and the person-in-charge of a public marketplace to ensure that persons engaged as solicitors, transient merchants or peddlers that are selling goods, wares, merchandise, or food at the public have a valid a license from the Town of Bargersville. The lack of a valid license from the Town of Bargersville to a solicitor, transient merchant or peddler is a violation of this chapter by both the owner of a public marketplace and the person-in-charge of a public marketplace.
(B) A person that violates any provision of this section shall be subject to a fine of not less than $250 for each unlicensed person that sells goods, wares, merchandise, or food at their event.
(Ord. 2018-30, passed 11-27-2018)
CHAPTER 112: DESIGNATED OUTDOOR REFRESHMENT AREA
Section
112.01 General provisions
§ 112.01 GENERAL PROVISIONS.
(A) For purposes of this chapter all definitions provided for in I.C. 7.1 -3-31 et seq. are made a part hereof.
(B) The map attached to Ord. 2024-10, marked as Exhibit "A" and made part hereof depicts the area of the town to designated as the Town of Bargersville Designated Outdoor Refreshment Area (the "Area").
(C) The Council finds that the Town of Bargersville Designated Outdoor Refreshment Area is consistent with the town's Unified Development Code.
(D) The Council hereby approves and adopts the required signage designating the town's Area and directs the town to place the signage at the boundaries of the Area as required by law.
(E) The town's Area shall be in effect duringall authorized times pursuant to I.C. 7.1-3-1-14 and as may be amended from time to time.
(F) The town finds that each of the following retailers are an appropriated designated permittee and requests that the Indiana Alcohol Commission to issue each a "Refreshment Area Designation" upon submission of their completed application to the town to participate in the Area as a designated permittee:
(1) Taxman Brewing Company;
(2) Cellar's Market;
(3) Up Cellar; and
(4) Pizza & Libations.
(5) Any additional licensed premises located within the Area who desire to be designated as a "designated permittee" and granted a "refreshment area designation" shall submit the "Town of Bargersville DORA Retailer Application" to the town for approval and recommendation by the Town Council by Resolution.
(G) Any organization or establishment that desires to be a "vendor" for the Area shall submit a Special Event Permit Application and the State Form Designated Outdoor Refreshment Area Designation Form for each event to the town for approval.
(H) A vendor's location may be at any or all of the designated areas within the Area as shown on Exhibit "A" attached to Ord. 2024-10, subject to approval of the Special Event Permit and State Form.
(I) Nothing in this chapter shall prohibit a business, landlord, or other establishment from prohibiting open containers of alcoholic beverages to enter their premises or from prohibiting alcoholic beverages purchased from another establishment to enter their premises.
(J) The Town of Bargersville maintains full authority and control over the sidewalks and common areas within the Area and no one may prohibit or limit open containers in accordance with I.C. 7.1-3-31 within the Area in those spaces except for the Town of Bargersville Police Department.
(K) Upon receipt of a "refreshment area designation" from the Indiana Alcohol Commission the designated permittee shall remove all stanchions, fencing or other means of separation previously required by law from all common areas, sidewalks, and right-of-way of the Town of Bargersville as provided by I.C. 7.1-3-31-15.
(L) In accordance with I.C. 7.1-3-31 et seq., a person may consume an alcoholic beverage purchased from a designated permittee or vendor anywhere within the Area boundaries, subject to the right of any retailer permittee or business within the Area to refuse to allow individuals to enter the license premises or business with an alcoholic beverage.
(M) All designated permittees and vendors may allow a person to exit the designated permittee's or vendor's licensed premises with not more than two open containers of an alcoholic beverage at a time. The contents of an open container may not exceed the following:
(1) Beer or flavored malt beverage of not more than 16 ounces.
(2) Wine, cider, or hard seltzer of not more than 12 ounces.
(3) A mixed drink of not more than ten ounces containing not more than two ounces of liquor.
(N) A sign, as required by I.C. 7.1-3-31-16 must be posted at each exit of a designated permittee and on the licensed premises of a vendor.
(O) Glass containers may only be allowed in a designated permittee's outdoor dining area and may not be taken into to the Area.
(P) The town will add trash and/or recycling receptacles within the Area as needed with additional monitoring and collection upon evaluation. There is a regular maintenance and cleaning of these receptacles at a minimum of twice a week. In addition, the town Police Department currently conducts regular monitoring of the Area. The town Police Department will evaluate the implementation of the DORA and adjust monitoring and patrols as needed. The town will incur additional costs and expenses as a result of the additional sanitation monitoring and collection and monitoring by the town Police Department. In order to defray a portion of these additional costs and expenses incurred by the town each designated permittee and vendor shall be required to pay a $200 annual Sanitation and Public Safety Fee. The Sanitation and Public Safety Fee shall be due by January 31 of each year for each designated permittee. A vendor shall pay the Sanitation and Public Safety Fee no later than ten days before the first special event the vendor participates in.
(Q) In the event of an emergency, as determined by the Council or authorized by a state official, all activities within the Area shall be suspended until such time as the Council or state official have determined that activities within the Area can safely resume.
(Ord. 2024-10, passed 6-25-2024)
TITLE XIII: GENERAL OFFENSES
Chapter
130. MINORS; CURFEW
CHAPTER 130: MINORS; CURFEW
Section
130.01 Curfew violations
130.02 Exceptions
130.99 Penalty
§ 130.01 CURFEW VIOLATIONS.
(A) It is a curfew violation for a child 15, 16 or 17 years of age to be in a public place:
(1) Between 12:00 midnight and 5:00 a.m. on Saturday or Sunday;
(2) After 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday; or
(3) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday or Friday.
(B) It is a curfew violation for a child under 15 years of age to be in a public place after 10:00 p.m. or before 5:00 a.m. on any day.
(C) It is a violation of this chapter for a parent, guardian or custodian of a child to permit or allow the child to commit a curfew violation.
(Ord. 1993-6, passed 9-14-1993) Penalty, see § 130.99
§ 130.02 EXCEPTIONS.
This chapter does not apply to a child who is:
(A) Accompanied by the minor’s parent or guardian;
(B) Accompanied by an adult specified by his or her parent, guardian or custodian;
(C) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(D) In a motor vehicle involved in interstate travel;
(E) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(F) Involved in an emergency;
(G) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence;
(H) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
(I) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(J) Married or had been married or had disabilities of minority removed in accordance with state law.
(Ord. 1993-6, passed 9-14-1993)
§ 130.99 PENALTY.
Any person violating § 130.01 shall be subject to a fine of $25.
150.01 Various zoning, platting, inspection and the like, fees
150.02
Planning review fee
150.03 As-built drawings
§ 150.01 VARIOUS ZONING, PLATTING, INSPECTION AND THE LIKE, FEES.
The fees set forth on the fee schedule, which is kept in the office of the Town Clerk-Treasurer, are hereby imposed for the various construction, zoning, platting, inspection and other miscellaneous applications, permits and matters set forth therein. The fee schedule is adopted by reference and incorporated herein as fully as if set out at length herein.
The following review fee will be collected when the developer submits the application for preliminary plat or development plan for commercial, industrial and/or subdivisions:
(A) Outside review deposit: $260.
(1) The review deposit fee of $260 is for two hours of review of preliminary plats or construction plans.
(2) Projects requiring more than two hours of review due to their complexity and/or deficiency in design or submittal shall be assessed additional review fees at the rate of $130 per hour.
(B) Planning review fee form for an agreement between the developer/contractor and the town, Exhibit B to Ordinance 2014-29, incorporated by reference as if set forth in full herein. Copies can be obtained by contacting the Planning Department.
(C) The Town Council reserves the right to implement additional fees, to increase fees and/or to otherwise amend or repeal this section at any time and from time to time.
(D) All fees must be paid in full prior to construction.
(E) Final plats regarding various utility matters will be accepted once all fees, appropriate financial guarantees, transfer of ownership for completed utilities, as-builts and all legal documents have been submitted. Developer will be required to post a three-year maintenance bond for 25% of the total project cost at the time of transfer of ownership.
Any individual appearing for himself/herself or any entity before the Town of Bargersville shall comply with the following requirements for the acceptance of “as-built” drawings (plans) not heretofore found to be exempt from these requirements by the Board:
(A) General requirements. Plans are to contain a certification statement that the improvements have been installed in reasonable compliance with the original design plans with respect to horizontal and vertical locations and grades and any deviations of locations, grade or material used are shown in these “as-built” drawings (plans). Said certification is to be sealed and signed by a professional licensed engineer or land surveyor in the State of Indiana.
(B) Specific requirements; grading or development plan(s); grades.
(1) Major drainage swales and percents of slope: at lot corner and grade breaks;
(2) Pad grades;
(3) Street grades;
(a) Centerline and curb if street is bituminous pavement with concrete curb.
(b) Centerline only if streets are concrete and placed with electronic control (maximum 50 feet spacing).
(c) All sag and crest points.
(4) Paved swales if any, at 50 feet intervals;
(5) Lake or pond if applicable: top bank, normal pool, safety ledge, bottom and spillway;
(6) Locations of sidewalk ramps.
(B) Plan and profiles.
(1) Sanitary sewers.
(a) Invert elevations and percents of slope;
(b) Top of casting elevations;
(c) Lateral locations based on distances along main from manholes;
(d) Locations of each manhole or structure (to make sure they are sufficiently within designated easements to permit future excavation to system if needed);
(e) Designate any material change from design plans; where plans show any alternates, indicate alternate actually used.
(f) Lift station and forcemain inverts, locations, pump data, etc.
(2) Storm sewers.
(a) Invert elevations and percents of slope;
(b) Top of casting elevations;
(c) Location of pipe and structures (to make sure they are within designated easements);
(d) Designate any material change from design plans; where plans show alternates, indicate alternate actually used.
(3) Streets.
(a) Grades;
(b) All low and high points;
(c) All percents of slope;
(d) Any deviation of alignment;
(e) Grades and dimensions on accel and decel lanes if applicable.
(4) Water.
(a) Location of main, valves, hydrants and fittings relative to the street curb line;
(b) Lengths of segments between fittings and transition size and material;
(c) Verification materials; and
(d) Identify any deviations in grade from standard depth.
(Ord. 2018-28, passed 11-13-2018)
CHAPTER 151: BUILDING CODE
Section
Building Code
151.01 Title, purpose and authority
151.02 Scope; adoption of rules
151.03 Application for permits
151.04 Permit required
151.05 Other ordinances
151.06 Fees and required inspections
151.07 Review of application
151.08 Inspections
151.09 Inspection assistance
151.10 Entry
151.11 Stop order
151.12 Certificate of occupancy
151.13 Workmanship
151.14 Violations
151.15 Right of appeal
151.16 Remedies
Construction Trash; Regulations
151.30 Definitions
151.31 Unlawful acts; removal; notice
151.32 Stop order
151.99 Penalty
Cross-reference:
Fair Housing, see Chapter 91
Flood Hazard Areas, see Chapter 153
Property Addressing, see Chapter 152
Public Nuisances, see Chapter 90
Zoning Code, see Chapter 155
Unsafe Buildings Code, see Chapter 156
BUILDING CODE
§ 151.01 TITLE, PURPOSE AND AUTHORITY.
(A) Title. This subchapter, and all ordinances supplemental or amendatory hereto, shall be known as the “Building Code of the Town of Bargersville, Indiana”, may be cited as such, and will be referred to herein as “this code”.
(B) Purpose. The purpose of this code is to provide minimum standards for the protection of life, health, environment, public safety and general welfare, and for the conservation of energy in the design and construction of buildings and structures.
(C) Authority. The Building Commissioner (of the Plan Commission) is hereby authorized and directed to administer and enforce all of the provisions of this code. Whenever in this code it is provided that anything must be done to the approval of or subject to the direction of the Building Commissioner or any other officer of the Plan Commission, this shall be construed to give the officer only the discretion of determining whether this code has been complied with; and no provision shall be construed as giving any officer discretionary powers as to what this code shall be, or power to require conditions not prescribed by ordinances or to enforce this code in an arbitrary or discriminatory manner. Any variance from adopted building rules is subject to approval under I.C. 22-13-2-7(b).
(Ord. 1989-5, passed 5-9-1989)
§ 151.02 SCOPE; ADOPTION OF RULES.
(A) Scope. The provisions of this code apply to the construction, alteration, repair, use, occupancy and addition to all buildings and structures, other than industrialized building systems or mobile structures certified under I.C. 22-15-4, in the town.
(B) Adoption of rules by reference.
(1) Building rules of the State Fire Prevention and Building Safety Commission as set out in the following Articles of Title 675 of the Indiana Administrative Code are hereby incorporated by reference in this code and shall include later amendments to those Articles as the same are published in the State Register or the Indiana Administrative Code with effective dates as fixed therein:
(a) Article 13 - Building Codes:
1. Fire and Building Safety Standards;
2. State Building Code;
3. State Building Code Standards; and
4. State Handicapped Accessibility Code.
(b) Article 14 - One and Two Family Dwelling Codes:
1. Council of American Building Officials One and Two Family Dwelling Code;
2. CABO One and Two Family Dwelling Code; Amendments; and
3. Standard for Permanent Installation of Manufactured Homes.
(c) Article 16 - Plumbing Codes: State Plumbing Code.
(d) Article 17 - Electrical Codes:
1. State Electrical Code; and
2. Safety Code for Health Care Facilities.
(e) Article 18 - Mechanical Codes: State Mechanical Code.
(f) Article 19 - Energy Conservation Codes:
1. State Energy Conservation Code; and
2. Modifications to the Model Energy Code.
(g) Article 20 - Swimming Pool Codes: State Swimming Pool Code.
(2) Copies of adopted building rules, codes and standards are on file in the office of the Town Clerk-Treasurer.
(Ord. 1989-5, passed 5-9-1989)
§ 151.03 APPLICATION FOR PERMITS.
(A) No building permit shall be issued for the foregoing purposes, unless the application for a permit is accompanied by a plat or sketch of the proposed location showing lot boundaries, and by plans and specifications showing the work to be done.
(B) In addition, a copy of a design release, issued by the State Building Commissioner and the State Fire Marshal pursuant to I.C. 22-15-3-1, shall be provided to the Building Commissioner before issuance of a permit for construction covered by the design release.
(Ord. 1989-5, passed 5-9-1989)
§ 151.04 PERMIT REQUIRED.
A building permit (hereinafter “permit”) shall be obtained before beginning construction, alteration, or repair of any building or structure, the size of which exceeds 200 square feet, and all construction that adds living area or gross square footage to an existing structure. A building permit shall be applied for using forms furnished by the Department of Development, and all fees required by this code shall be paid to the town's Clerk-Treasurer prior to the issuance of the permit.
(A) Permit period. A permit is valid for a period of 90 days from issuance for the start of construction. After construction has commenced, the permit shall be valid for a period of 18 months from the date of issuance.
(B) Expiration. If the construction project has not passed a final inspection and received a certificate of occupancy within 18 months from the date of issuance the permit shall expire; additional work shall not proceed until a new permit is obtained.
(C) Extensions. If the project has encountered unforeseen circumstances which delay or prohibit the project from being satisfactorily completed within the valid permit period, the applicant may request an extension permit for a period of up to 12 months. All requests for an extension permit must be made in writing, and received by the Department of Development a minimum of two business days prior to expiration of the original building permit. All requests will be reviewed by the Director of Development. Approval of all extension requests shall be at the discretion of the Director of Development or his or her designee.
(D) Extension fee. If a permit extension is granted, an extension fee equal to 25% of the original permit fee excluding utility and special impact fees shall be paid to the town in the same manner as the original permit prior to the issuance of extension permit.
All work done under any permit shall be in full compliance with all other ordinances pertaining thereto, and in addition to the fees for permits, there shall be paid the fees prescribed in the ordinances.
(Ord. 1989-5, passed 5-9-1989)
§ 151.06 FEES AND REQUIRED INSPECTIONS.
Permit and inspection fees set forth in the town’s fee schedule, which is kept in the office of the Town Clerk-Treasurer, is adopted by reference and incorporated herein as fully as if set out at length herein.
Prior to the issuance of any building permit, the Building Commissioner shall review all building permit applications to determine full compliance with the provisions of this code.
(Ord. 1989-5, passed 5-9-1989)
§ 151.08 INSPECTIONS.
After the issuance of any building permit, the Building Commissioner shall make, or shall cause to be made, inspections of the work being done as are necessary to insure full compliance with the provisions of this code and their terms of the permit. Reinspections of work found to be incomplete or not ready for inspection are subject to assessment of reinspection fees as prescribed in this code.
(Ord. 1989-5, passed 5-9-1989)
§ 151.09 INSPECTION ASSISTANCE.
The Chief of the Town Community Volunteer Fire Department, Inc., or his or her designated representative, may assist the Building Commissioner in the inspection of fire suppression, detection and alarm systems and may provide reports of the inspection to the Building Commissioner.
(Ord. 1989-5, passed 5-9-1989)
§ 151.10 ENTRY.
Upon presentation of proper credentials, the Building Commissioner or his or her duly authorized representatives may enter at reasonable times any building, structure or premises in the town to perform any duty imposed upon him or her by this code.
(Ord. 1989-5, passed 5-9-1989)
§ 151.11 STOP ORDER.
Whenever any work is being done contrary to the provisions of this code, the Building Commissioner may order the work stopped by notice in writing served on any persons engaged in the doing or causing the work to be done, and any like persons shall forthwith stop the work until authorized by the Building Commissioner to proceed with the work.
(Ord. 1989-5, passed 5-9-1989)
§ 151.12 CERTIFICATE OF OCCUPANCY.
A certificate of occupancy shall be required for the completion of any construction project which requires a building permit under this chapter. It shall be unlawful to occupy any building or structure, which requires a building permit, without a permanent or temporary certificate of occupancy issued by the Department of Development.
(A) Enforcement. The Director of Development, or his or her designee, shall be responsible for the enforcement of this section.
(B) Issuance. A permanent certificate of occupancy shall be issued by the Department of Development upon passing a final inspection certifying the project meets or exceeds the provisions of building code and this chapter.
(C) Temporary certificate of occupancy. If the project has not been fully completed, but has satisfied all life safety provisions of the building code and this chapter the applicant may request a temporary certificate of occupancy at the time of final inspection,
(1) All requests for a temporary certificate of occupancy must be made in writing to the Department of Development no later than two days prior to a scheduled final inspection. The request must identify which items on the project are not completed.
(2) Surety. All applicants requesting a temporary certificate of occupancy must provide a contractor's quote for the completion of all work as well as a financial surety in the amount of 120% of the contractor's quote. The financial surety is fully refundable at the time of issuance of a permanent certificate of occupancy.
(3) Fee. All requests for a temporary certificate of occupancy must pay an administrative fee of $500 prior to the final inspection. This administrative fee is non-refundable regardless if the inspection passes or fails.
(4) Duration. A temporary certificate of occupancy is valid for a period of up to six months from the date of issuance.
(5) Remedy. If, at the time of expiration of the temporary certificate of occupancy, the required work has not been satisfactorily completed, the town may utilize the provided surety to complete the work. The town may utilize it's own forces, or hire a third party to compete the necessary work to bring the permit into compliance with building code and/or the Bargersville Zoning Ordinance and Development Standards.
(6) Authority. Requests for a temporary certificate of occupancy shall be at the discretion of the Director of Development or his or her designee.
(7) Erosion control. In the event that a temporary certificate of occupancy is requested for incomplete yard work, all erosion control, as specified on the approved SWPPP for the property must be in place and maintained.
(D) Seasonal temporary certificate of occupancy. The Department of Development is authorized to establish a seasonal timeframe for issuance of a seasonal temporary certificate of occupancy. A seasonal temporary certificate of occupancy must be requested with the final inspection. Applicable administrative and surety fees shall not be applied to a seasonal temporary certificate of occupancy.
(1) Applicability. Seasonal temporary certificate of occupancy requests shall only be valid for incomplete yard work (finish grading, seeding, sod, and landscaping).
(2) Authority. The Director of Development or his or her designee, after considering historic and projected weather conditions and any other conditions deemed relevant by the Director of Development or his or her designee, shall determine a start date and end date of the seasonal temporary certificate of occupancy.
(3) Duration. The start date, and end date will be determined individually based upon the discretion of the Director of Development.
(4) Erosion control. In the event that a seasonal temporary certificate of occupancy is requested, all erosion control, as specified on the approved SWPPP for the property must be in place and maintained.
All work on the construction, alteration and repair of buildings and other structures shall be performed in a good and workmanlike manner according to accepted standards and practices in the trade.
(Ord. 1989-5, passed 5-9-1989)
§ 151.14 VIOLATIONS.
It shall be unlawful for any person, firm or corporation, whether as owner, lessee, sub-lessee or occupant, to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure, other than fences, in the town, or cause or permit the same to be done, contrary to or in violation of the provisions of this code.
(Ord. 1989-5, passed 5-9-1989) Penalty, see § 151.99
§ 151.15 RIGHT OF APPEAL.
All persons shall have the right to appeal any order of the Building Commissioner first through the Town Council and then to the Fire Prevention and Building Safety Commission of the state in accordance with the provisions of I.C. 22-13-2-7 and I.C. 4-21.5-3-7.
(Ord. 1989-5, passed 5-9-1989)
§ 151.16 REMEDIES.
The Building Commissioner shall in the name of the Town Council bring actions in the Circuit or Superior Courts of the county for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Building Commissioner, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this code.
(Ord. 1989-5, passed 5-9-1989)
CONSTRUCTION TRASH; REGULATIONS
§ 151.30 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LOT or PARCEL OF REAL ESTATE. Includes, in addition to those grounds within their respective boundaries, all of the grounds lying to the center of the street or alley where the street or alley is not improved, nor dedicated to the town.
OCCUPANT. Includes but is not limited to all contractors, subcontractors, builders, repairmen, remodelers, demolition men and/or any other person performing work of a similar nature.
TRASH or CONSTRUCTION TRASH. All paper, boards and other wood products, fiber board, drywall, insulation, brick, piping, tubing, nails and other fasteners, shingles, block, bags, sacks, boxes, plastic wrapping, siding, heating fixtures, air ventilation fixtures, air-conditioning fixtures, plumbing fixtures and other household fixtures used in, removed from or occurring as a result of remodeling, construction, repair, destruction or demolition of any building or other structure, whether or not the trash originated from a lot or parcel of real estate within the town.
WORK. Includes but is not limited to all construction, remodeling, repair, demolition, building or other similar work.
(Ord. 1998-2, passed 1-13-1998)
§ 151.31 UNLAWFUL ACTS; REMOVAL; NOTICE.
(A) (1) It shall be unlawful for any owner, occupant or lessee of any lot within the corporate limits of the town to allow, suffer or permit any construction trash to be deposited on, be or remain on any lot.
(2) Any owner, occupant or lessee performing or having arranged for the performance of work on any lot or parcel of real estate shall deposit all trash in either a wooden fence area, snow fence area or a fenced area comprised of #11, one and one-half-inch mesh wire fence, a minimum of six feet high and of sufficient size and with a sufficient cover or lid to temporarily hold trash from the work. The fenced area shall prevent trash from leaving the lot or parcel of real estate. The trash shall be removed from the fenced area and from the lot or parcel of real estate each time the fenced area is filled. Owners, occupants and lessees shall each be responsible for compliance with this subchapter in the performance of any work. A failure to comply with this division (A)(2) shall be deemed a violation of division (A)(1) above.
(B) (1) It shall be the duty of the Town Marshall to inspect from time to time the various lots lying within the corporate limits of the town, and if it is found that construction trash is on the lots, it shall be his or her duty to report same to the Clerk-Treasurer. The Clerk-Treasurer shall ascertain the names of the owners, occupants or lessees of the property and notify the owners, occupants or lessees, in writing, that the trash shall be removed or this subchapter otherwise complied with within five calendar days after service of the notice. Notice shall be sent to the owner of record as the name and address appears on the tax statement from the Treasurer’s Office of the county or building permit either by certified mail or personal service. Notice shall be given to occupants or lessees, if any, by ordinary mail, by personal service or by leaving a copy of the notice at a residence if there is a residence on the lot.
(2) If notice cannot be given to the owner by either personal service or by certified mail, the notice shall be given by ordinary mail. If notice also cannot be given to the owner by ordinary mail, the Clerk-Treasurer shall give notice by publication in a newspaper of general circulation in the county at least once each week for two successive weeks.
(C) If any owner, occupant or lessee of any lot shall fail to remove the construction trash or otherwise comply with this subchapter after receiving notice, it shall be the duty of the Clerk-Treasurer to cause the same to be removed or otherwise abated pursuant to either division (D) below or § 151.99 below.
(D) (1) The Clerk-Treasurer, through town employees or contractors hired by the town, may enter the lot to abate the violation of this subchapter.
(2) After the Clerk-Treasurer has effected the removal of the trash, the Clerk-Treasurer shall prepare a sworn statement showing the cost of the work performed and any publication or mailing costs and shall bill the owner of record, the occupant and/or lessee. The bill shall be due and payable at the time of receiving statement in the minimum amount of $50.
(3) If the full amount due to the town is not paid by the owner within 90 days after the work has been performed, as provided in division (B)(2) above, then and in that case, the Clerk-Treasurer shall cause to be recorded in the County Recorder’s office a sworn statement showing the cost and expenses incurred for the work and notification of the owner therefor, the date the work was done and the location of the parcel of real estate on which the work was done. The recordation of the sworn statement shall constitute a lien on the parcel of real estate, and it shall remain in force and effect for the principal amount due, plus interest computed in the manner and amount allowed by law for unpaid real estate taxes, plus costs of for collection if any, until final payment has been made. The costs and expenses shall be collected in the manner fixed by law for the collection of real estate taxes and further shall be subject to a delinquent penalty the same as real estate taxes in the event same are not paid in full on or before the date the tax bill on which the charges appear becomes delinquent. A sworn statement recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and it shall be full notice to every person concerned that the parcel of real estate designated or described in the statement is subject to a lien and the same is due and collectible as provided by law.
(Ord. 1998-2, passed 1-13-1998) Penalty, see § 151.99
§ 151.32 STOP ORDER.
In addition to or in the alternative to the procedure set forth in § 151.31 above and § 151.99 below, the Town Building Commissioner may issue a stop order under the Town Building Code, §§ 151.01 through 151.16 above, until the owner, occupant or lessee of any lot removes the construction trash and/or otherwise complies with this subchapter.
(Ord. 1998-2, passed 1-13-1998)
§ 151.99 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) If any person, firm or corporation shall violate any of the provisions of §§ 151.01 through 151.16, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Building Commissioner, or shall fail, neglect or refuse to be any lawful order given by the Building Commissioner in connection with the provisions of this code, for each violation, failure or refusal, the person, firm or corporation shall be fined in any sum not less than $100, nor more than $500. Each day of the unlawful activity as is prohibited by the first sentence of this division (B) shall constitute a separate offense.
(C) Any person who fails to remove the trash or otherwise comply with §§ 151.30 through 151.32, after receiving notice within the time prescribed in the notice given pursuant to § 151.31(C), shall be fined a sum not exceeding $300; provided, however, that the Town Council in addition, may cause the nuisance to be abated in any manner authorized by law, including an action pursuant to I.C. 36-8-2-4 and the institution of an action to abate a nuisance in a court of competent jurisdiction.
§ 152.01 TITLE, PURPOSE, COMPLIANCE AND APPLICATION.
(A) Title. This chapter shall be known and may be cited as the “Addressing Ordinance of Bargersville, Indiana”.
(B) Compliance. No structure shall be assigned an address or street named in any matter whatsoever within the incorporated area of the town except in full compliance with all provisions of this chapter.
(C) Purpose.
(1) The purpose of this chapter shall be to set standards for residence and other structure numbering and road naming in the town and establish the authority and methods to be used when assigning addresses to properties in the town.
(2) These standards shall be used to establish residence and other structure locations which will be used in the implementation of an Enhanced 911 emergency response system in the town. Although the standards may not be exact, it is intended to provide continuity, avoid duplication and prevent general confusion regarding the location of developed parcels of real estate in the town.
(D) Application. It is not intended by this chapter to interfere with, abrogate or amend any covenants or other agreements between parties, nor is it intended by this chapter to repeal, abrogate or annul or in any way interfere with existing provisions of laws or ordinances not specifically repealed by this chapter, or any rules or regulations previously adopted or issued pursuant to law relating to the listing of contractors.
(Ord. 1998-13, passed 12-8-1998)
§ 152.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADDRESS PLANNING AUTHORITY. The Bargersville Town Council shall serve as the body with the responsibility for assigning street addresses within its jurisdiction. The Town Council may coordinate its addressing efforts with other agencies such as the Plan Commission, Utilities Superintendent, Town Building Commissioner, Town Marshal, County Plan Commission, County Sheriff, local postmasters and large mailers in the town such as utilities, government and the like.
BASE LINES. Existing recognizable lines which divide the town into quadrants or sectors. The intersection of Harriman Avenue and Main Street is the center point of the town for addressing purposes. Harriman Avenue and Main Street generally form the BASE LINES for the town.
BLOCK INTERVAL. The hundred number interval is the distance between grid lines, or the point where the next highest block number designation is used.
CUSTOMER (ADDRESSEE). A family, individual, residence, business or industry which receives mail at a delivery point.
FRONTAGE INTERVAL. The distance in foot frontage along a street, highway or road which is used to assign consecutive property numbers, beginning from the nearest grid or base line. The address system used by the town assumes a FRONTAGE INTERVAL of ten feet.
GRID LINES. Imaginary lines or actual town streets or roads which are located a specific distance from and perpendicular or parallel to base lines. These lines indicate the point where block numbers change from one hundred to the next higher hundred. GRID LINES are used to standardize the numbering of parallel blocks at the same distance from the base lines.
LOT. A lot is a designated parcel, tract, development or area of real estate which is either now being or will be used eventually for construction of a structure.
OUT OF BOUNDS ADDRESS. An out of bounds address is a term used by the U.S. Postal Service to designate addresses that are out of sequence with other surrounding addresses. Often this occurs when mailboxes are located on the back street of a property that faces another street or on corner lots.
PRIMARY ADDRESS NUMBER (CITY-TYPE ADDRESS). The numeric or alphanumeric component of a city-type address which precedes the street name (Example: 100 W. Harriman Avenue).
STRUCTURE. A residential home, apartment building or business, commercial, industrial, manufacturing or publicly owned building which fronts onto a public street or road.
TOWN. The Town of Bargersville, Indiana.
TOWN COUNCIL. The Town Council of the Town of Bargersville, Indiana.
(Ord. 1998-13, passed 12-8-1998)
§ 152.03 NUMBERING SYSTEM.
(A) Advantages of a property address numbering system. A street numbering system and corresponding property addresses provide individual structures with an exact geographic location in the town. City-type street/road addresses are necessary in order to provide a structure with a specific and more accurate identification for efficient mail delivery; to provide an easily identifiable geographic reference point for quick dispatch of police, fire and emergency rescue equipment; to provide utility companies with a permanent address record for billing and service calls tied to a specific structure; and to provide ease of location identification for friends, service vehicles or other individuals trying to locate a specific structure or a county road. A numbering system should make it easy for anyone to find the location of a town street or residential property in a short period of time and allow for a systematic expansion of address numbers as community growth occurs.
(B) The grid coordinate system. The town will structure the naming of its street system and the issuance of property addresses based on the Lyman/Purdue Street Numbering System. The system is better known as the grid coordinate system. The system utilizes two base lines which run at approximate right angles to each other to divide the town into quadrants. Most of the town streets are numbered based on their distance from the north-south and east-west base lines.
(C) Street names and numbers. Existing town street names will be retained where feasible. Some names will have to be changed to correct duplications, multiple naming of the same street and other factors causing confusion.
(D) Property numbering intervals. Street addresses are assigned in increasing order from each base and grid line. In the town, 1,000 potential property addresses exist for each 5,000 feet of distance from the base lines. There are approximately 50 address numbers that will be available for each side of the street/road within each 500 feet. All of the available numbers will probably not be needed, depending on the density of development along the street/road. Therefore, addresses occur at each ten-foot interval. A specific street/road address is determined by measuring the number of ten-foot intervals between the grid line to the front entrance of a structure. Crooked streets and roads and streets and roads running at angles (not true north-south or east-west) will be addressed with the predominant north-south east-west direction. Distances between address numbers will vary in these cases.
(Ord. 1998-13, passed 12-8-1998)
§ 152.04 PROPERTY ADDRESSING.
(A) Assignment of official permanent property addresses. All residential, commercial, industrial and public structures located in the town shall be assigned a permanent city-type street address. Structures located on the south side of an east west street/road and those located on the east side of a north-south street/road shall have an odd numbered property address. Structures located on the north side of an east-west street/road and those located on the west side of a north-south street/road shall have an even numbered property address.
(1) In all situations the Town Council shall make the final determination of which street/road will be used for an address. The criteria for this determination will be based on the layout of the property, layout of the structure and other factors that may affect emergency services and mail delivery.
(2) Street addresses are to be assigned based on a measurement of the distance from the grid line to a line perpendicular to the address street/road that intersects one of the following: the structure, or the entrance to the property that contains the structure, or the center of the lot.
(B) Determining a property address. An official street address shall contain no more than five digits with the first digit, or the first two digits if the structure is located ten or more miles from the baseline, indicating the milepost or distance from the baselines. The third digit from the right shall indicate the block number which will change each 500 linear feet. The last two digits indicate the number of ten-foot intervals from the structure to the nearest block or grid line.
(C) Placement and size of address numbers. Once a property address has been assigned by the Town Council to a specific structure, it shall be the responsibility of the property owner to provide visible and current address numbers on both the structure and the mailbox.
(1) The letters and numbers on the mailbox shall be in compliance with U.S. Postal Service regulations and recommendations. The lettering shall be at least one inch in height. The color of the lettering shall be in contrast to its background. The address shall be placed on both sides of the mailbox. In cases where an address is considered an “out of bounds” address, the address name of the street/road shall also be placed on both sides of the mailbox.
(2) The letters and numbers placed on structures shall be at least two inches in height. The letters and numbers shall be placed on the main level in a location which faces the street upon which it is addressed and near a main entryway and placed higher than the height of the entryway. The color of the lettering shall be in contrast to its background. If side or back entryways open to a street, road or alley different from the address, the side of the structure shall also have the full address, including address street/road name, properly displayed.
(3) In situations where the mailbox is not located at the entrance to the property and address numbers on the structure are not easily visible from the street, a sign displaying the address with at least one inch lettering shall be placed at the entrance to the property. The lettering color shall be in contrast to its background. An alternative method shall be to paint the address on the curb in front of the structure. The lettering on the curb shall be at least two inches in height in black with a white background.
(Ord. 1998-13, passed 12-8-1998)
§ 152.05 OVERALL RESPONSIBILITY.
The Town Council has the responsibility for the issuance of street names and addresses in the town. The Town Council may, by resolution or pursuant to this chapter, assign its duties and responsibilities to one or more town officials; for example, the Town Utilities Superintendent, Town Building Commissioner and/or Town Marshal. The Town Council (or its designee) shall issue and keep a permanent record of all issued property addresses within its jurisdiction and share the addresses with local postal authorities and E-911 personnel.
(Ord. 1998-13, passed 12-8-1998)
§ 152.06 PARTICULAR REQUIREMENTS FOR ADDRESSING.
(A) In the case of new subdivisions, street names and primary address numbers shall be assigned as part of the platting process.
(B) Any renaming of existing streets shall be done by the Town Council.
(C) Any renumbering of existing addresses (primary address numbers) shall be delegated by the Town Council to the Town Utilities Superintendent, Town Building Commissioner and the Town Marshal.
(D) If a building permit is requested for a vacant parcel or vacant lot in an existing subdivision (which has not been assigned an address pursuant to division (A) above), the Building Commissioner shall assign a primary address number as part of the issuance of the building permit.
(E) In no case shall an individual or business be permitted to assign an address to his or her property or a structure on that property.
(Ord. 1998-13, passed 12-8-1998)
§ 152.07 ENFORCEMENT.
The 1998 Readdressing Project is designed to review all addresses within the town’s jurisdiction and to designate new addresses as described in this chapter where necessary. Upon completion of the 1998 Readdressing Project, the town will notify each affected property owner of any change to his or her address and shall send a list of all changes to the appropriate Post Office or postal authority. The Post Office will notify the owners of the effective date of the change of address.
(Ord. 1998-13, passed 12-8-1998)
CHAPTER 153: FLOOD HAZARD AREAS
Section
153.01 Findings, purpose and objectives
153.02 Definitions
153.03 General provisions
153.04 Administration
153.05 Flood hazard reduction
153.06 Variance procedures
153.99 Penalty
§ 153.01 FINDINGS, PURPOSE AND OBJECTIVES.
(A) Statutory authorization. The state legislature has in I.C. 36-7-4 and I.C. 14-28-4 granted the power to local government units to control land use within their jurisdictions. Therefore, the Town Council does hereby adopt the following floodplain management regulations.
(B) Findings of fact.
(1) The flood hazard areas of the town are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood-proofed or otherwise unprotected from flood damages.
(C) Statement of purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve those uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase erosion or flood damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; and
(6) Make federally subsidized flood insurance available for structures and their contents in the town by fulfilling the requirements of the National Flood Insurance Program.
(D) Objectives. The objectives of this chapter are:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
(6) To help maintain a stable tax base by providing for the sound use and development of flood prone areas in a manner so as to minimize flood blight areas; and
(7) To ensure that potential home buyers are notified that property is in a flood area.
(Ord. 2007-16, passed 7-10-2007)
§ 153.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A ZONE. Portions of the SFHA in which the principal source of flooding is runoff from rainfall, snowmelt or a combination of both. In A ZONES, flood waters may move slowly or rapidly, but waves are usually not a significant threat to buildings. These areas are labeled as Zone A, Zone AE, Zones A1-A30, Zone AO, Zone AH, Zone AR and Zone A99 on a FIRM or FHBM. The definitions are presented below.
(1) ZONE A. Areas subject to inundation by the 1% annual chance flood event. Because detailed hydraulic analyses have not been performed, no base flood elevation or depths are shown. Mandatory flood insurance purchase requirements apply.
(2) ZONE AE AND A1-A30. Areas subject to inundation by the 1% annual chance flood event determined by detailed methods. Base flood elevations are shown within these zones. Mandatory flood insurance purchase requirements apply. (Zone AE is on new and revised maps in place of Zones A1-A30.)
(3) ZONE AO. Areas subject to inundation by 1% annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Mandatory flood insurance purchase requirements apply.
(4) ZONE AH. Areas subject to inundation by 1% annual chance shallow flooding (usually areas of ponding) where average depths are one to three. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Mandatory flood insurance purchase requirements apply.
(5) ZONE AR. Areas that result from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide base flood protection. Mandatory flood insurance purchase requirements apply.
(6) ZONE A99. Areas subject to inundation by the 1% annual chance flood event, but which will ultimately be protected upon completion of an under-construction federal flood protection system. These are areas of special flood hazard where enough progress has been made on the construction of a protection system, such as dikes, dams and levees, to consider it complete for insurance rating purposes. ZONE A99 may only be used when the flood protection system has reached specified statutory progress toward completion. No base flood elevations or depths are shown. Mandatory flood insurance purchase requirements apply.
ACCESSORY STRUCTURE (APPURTENANT STRUCTURE). A structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. ACCESSORY STRUCTURES should constitute a minimal initial investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of ACCESSORY STRUCTURES are detached garages, carports, storage sheds, pole barns and hay sheds.
ADDITION (TO AN EXISTING STRUCTURE). Any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction.
APPEAL. A request for a review of the Floodplain Administrator’s interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING. A designated AO or AH Zone on the community’s flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. The flooding is characterized by ponding or sheet flow.
BASE FLOOD ELEVATION (BFE). The elevation of the 1% annual chance flood.
BASEMENT. The portion of a structure having its floor sub-grade (below ground level) on all sides.
BUILDING. See STRUCTURE.
COMMUNITY. A political entity that has the authority to adopt and enforce floodplain ordinances for the area under its jurisdiction.
COMMUNITY RATING SYSTEM (CRS). A program developed by the Federal Insurance Administration to provide incentives for those communities in the Regular Program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding.
CRITICAL FACILITY. A facility for which even a slight chance of flooding might be too great. CRITICAL FACILITIES include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste.
DEVELOPMENT.
(1) Any human-made change to improved or unimproved real estate including but not limited to:
(a) Construction, reconstruction or placement of a structure or any addition to a structure;
(b) Installing a manufactured home on a site, preparing a site for a manufactured home or installing recreational vehicle on a site for more than 180 days;
(c) Installing utilities, erection of walls and fences, construction of roads or similar projects;
(d) Construction of flood control structures such as levees, dikes, dams, channel improvements and the like;
(e) Mining, dredging, filling, grading, excavation or drilling operations;
(f) Construction and/or reconstruction of bridges or culverts;
(g) Storage of materials; or
(h) Any other activity that might change the direction, height or velocity of flood or surface waters.
(2) DEVELOPMENT does not include activities such as the maintenance of existing structures and facilities such as painting, re-roofing; resurfacing roads; or gardening, plowing and similar agricultural practices that do not involve filling, grading, excavation or the construction of permanent structures.
ELEVATED STRUCTURE. A non-basement structure built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings or columns (posts and piers).
ELEVATION CERTIFICATE. A certified statement that verifies a structure’s elevation information.
EMERGENCY PROGRAM. The first phase under which a community participates in the NFIP. It is intended to provide a first layer amount of insurance at subsidized rates on all insurable structures in that community before the effective date of the initial FIRM.
ENCROACHMENT. The advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
EXISTING CONSTRUCTION. Any structure for which the “start of construction” commenced before the effective date of the community’s first floodplain ordinance.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the community’s first floodplain ordinance.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).
FEMA. The Federal Emergency Management Agency.
FIVE-HUNDRED YEAR FLOOD (500-YEAR FLOOD). The flood that has a 0.2% chance of being equaled or exceeded in any year.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM). An official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards and regulatory floodway.
FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by FEMA, where the boundaries of the areas of special flood hazard have been identified as Zone A.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS). The official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM, FBFM (where applicable), and the water surface elevation of the base flood.
FLOODPLAIN. The channel proper and the areas adjoining any wetland, lake or watercourse which have been or hereafter may be covered by the regulatory flood. The FLOODPLAIN includes both the floodway and the fringe districts.
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations and open space plans.
FLOODPLAIN MANAGEMENT REGULATIONS. This chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances and other applications of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. FLOODPLAIN MANAGEMENT REGULATIONS are also referred to as FLOODPLAIN REGULATIONS, FLOODPLAIN ORDINANCE, FLOOD DAMAGE PREVENTION ORDINANCEAND FLOODPLAIN MANAGEMENT REQUIREMENTS.
FLOOD PROTECTION GRADE (FPG). The elevation of the regulatory flood plus two feet at any given location in the SFHA. See FREEBOARD.
FLOODPROOFING (DRY FLOOD PROOFING). A method of protecting a structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces.
FLOODPROOFING CERTIFICATE. A form used to certify compliance for non-residential structures as an alternative to elevating structures to or above the FPG. This certification must be by a registered professional engineer or architect.
FLOODWAY. The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.
FREEBOARD. A factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood.
FRINGE. Those portions of the floodplain lying outside the floodway.
FUNCTIONALLY DEPENDENT FACILITY. A facility which ran not be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing facilities. The term does not include long-term storage, manufacture, sales or service facilities.
HARDSHIP (AS RELATED TO VARIANCES OF THIS CHAPTER). The exceptional hardship that would result from a failure to grant the requested variance. The Board of Zoning Appeals requires that the variance is exceptional, unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE. Any structure individually listed on the National Register of Historic Places or the State Register of Historic Sites and Structures.
INCREASED COST OF COMPLIANCE (ICC). The cost to repair a substantially damaged structure that exceeds the minimal repair cost and that is required to bring a substantially damaged structure into compliance with the local flood damage prevention ordinance. Acceptable mitigation measures are elevation, relocation, demolition or any combination thereof. All renewal and new business flood insurance policies with effective dates on or after June 1, 1997, will include ICC coverage.
LETTER OF MAP AMENDMENT (LOMA). An amendment to the currently effective FEMA map that establishes that a property is not located in a SFHA. A LOMA is only issued by FEMA.
LETTER OF MAP REVISION (LOMR). An official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations and elevations.
LETTER OF MAP REVISION BASED ON FILL (LOMR-F). An official revision by letter to an effective NFIP map. A LOMR-F provides FEMA’s determination concerning whether a structure or parcel has been elevated on fill above the BFE and excluded from the SFHA.
LOWEST ADJACENT GRADE. The lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support or basement entryway immediately next to the structure.
LOWEST FLOOR. The lowest of the following:
(1) The top of the lowest level of the structure;
(2) The top of the basement floor;
(3) The top of the garage floor, if the garage is the lowest level of the structure;
(4) The top of the first floor of a structure elevated on pilings or pillars;
(5) The top of the first floor of a structure constructed with a crawl space, provided that the lowest point of the interior grade is at or above the BFE and construction meets requirements of division (6)(a) below; or
(6) The top of the floor level of any enclosure, other than a basement, below an elevated structure where the walls of the enclosure provide any resistance to the flow of flood waters unless:
(a) The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, by providing a minimum of two openings (in addition to doorways and windows) having a total net area of one square inch for every one square foot of enclosed area. The bottom of all the openings shall be no higher than one foot above grade; and
(b) The enclosed space shall be usable solely for the parking of vehicles and building access.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include a RECREATIONAL VEHICLE.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MAP AMENDMENT. A change to an effective NFIP map that results in the exclusion from the SFHA of an individual structure or a legally described parcel of land that has been inadvertently included in the SFHA (i.e., no alterations of topography have occurred since the date of the first NF1P map that showed the structure or parcel to be within the SFHA).
MAP PANEL NUMBER. The four-digit number followed by a letter suffix assigned by FEMA on a flood map. The first four digits represent the map panel, and the letter suffix represents the number of times the map panel has been revised. (The letter “A” is not used by FEMA, the letter “B” is the first revision.)
MARKET VALUE. The building value, excluding the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. MARKET VALUE can be established by independent certified appraisal, replacement cost depreciated by age of building (actual cash value), or adjusted assessed values.
MITIGATION. Sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is twofold: to protect people and structures, and to minimize the cost of disaster response and recovery.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP). The federal program that makes flood insurance available to owners of property in participating communities nationwide through the cooperative efforts of the federal government and the private insurance industry.
NATIONAL GEODETIC VERTICAL DATUM OF 1929 (NGVD). As corrected in 1929, is a vertical control datum used as a reference for establishing varying elevations within the floodplain.
NEW CONSTRUCTION. Any structure for which the “start of construction” commenced after the effective date of the community’s first floodplain ordinance.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the community’s first floodplain ordinance.
NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88). As adopted in 1993 is a vertical control datum used as a reference for establishing varying elevations within the floodplain.
OBSTRUCTION. Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
ONE-HUNDRED YEAR FLOOD (100-YEAR FLOOD). The flood that has a 1% chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the 1% annual chance flood. See REGULATORY FLOOD.
ONE-PERCENT ANNUAL CHANCE FLOOD. The flood that has a 1% chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the 1% annual chance flood. See REGULATORY FLOOD.
PARTICIPATING COMMUNITY. Any community that voluntarily elects to participate in the NFIP by adopting and enforcing floodplain management regulations that are consistent with the standards of the NFIP.
PHYSICAL MAP REVISION (PMR). An official republication of a community’s FEMA map to effect changes to base (1% annual chance) flood elevations, floodplain boundary delineations, regulatory floodways and planimetric features. These changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs.
POST-FIRM CONSTRUCTION. Construction or substantial improvement that started on or after the effective date of the initial FIRM of the community or after December 31, 1974, whichever is later.
PRE-FIRM CONSTRUCTION. Construction or substantial improvement, which started on or before December 31, 1974, or before the effective date of the initial FIRM of the community, whichever is later.
PROBATION. A means of formally notifying participating communities of violations and deficiencies in the administration and enforcement of the local floodplain management regulations.
PUBLIC SAFETY AND NUISANCE. Anything which is injurious to the safety or health of an entire community, neighborhood or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin.
RECREATIONAL VEHICLE. A vehicle which is: built on a single chassis; 400 square feet or less when measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel or seasonal use.
REGULAR PROGRAM. The phase of the community’s participation in the NFIP where more comprehensive floodplain management requirements are imposed and higher amounts of insurance are available based upon risk zones and elevations determined in a FIS.
REGULATORY FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the State Department of Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in § 153.03(B). The REGULATORY FLOOD is also known by the term BASE FLOOD, 1% ANNUAL CHANCE FLOOD and 100-YEAR FLOOD.
REPETITIVE LOSS. Flood-related damages sustained by a structure on two separate occasions during a ten-year period ending on the date of the event for which the second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25% of the market value of the structure at the time of each flood event.
SECTION 1316. The section of the National Flood Insurance Act of 1968, as amended, which states that no new flood insurance coverage shall be provided for any property that the Administrator finds has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or local laws, regulations or ordinances mat intended to discourage or otherwise restrict land development or occupancy in flood-prone areas.
SPECIAL FLOOD HAZARD AREA (SFHA). Those lands within the jurisdictions (including extraterritorial jurisdictions) of the town subject to inundation by the regulatory flood. The SFHAs of the town are generally identified as such on the “Flood Insurance Rate Map of Johnson County and Incorporated Areas”, dated August 2, 2007, as well as any future updates, amendments or revisions, prepared by the Federal Emergency Management Agency with the most recent date. These areas are shown on a FIRM as Zone A, AE, A1-A30, AH, AR, A99 or AO.
START OF CONSTRUCTION. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction or improvement was within 180 days of the permit date. The actual START means the first placement or permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footing, installation of piles, construction of columns or any work beyond the stage of excavation for placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure, For substantial improvement, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE. A structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than 180 days.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage” or repetitive loss regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary or safety code requirements or any alteration of a “historic structure”, provided that the alteration will not preclude the structures continued designation as a “historic structure”.
SUSPENSION. The removal of a participating community from the NFIP because the community has not enacted and/or enforced the proper floodplain management regulations required for participation in the NFIP.
VARIANCE. A grant of relief from the requirements of this chapter, which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.
VIOLATION. The failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation, other certification or other evidence of compliance required in this chapter is presumed to be in VIOLATION until a time as that documentation is provided.
WATERCOURSE. A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. WATERCOURSE includes specifically designated areas in which substantial flood damage may occur.
WATER SURFACE ELEVATION. The height, in relation to the North American Vertical Datum of 1988 (NAVD 88), National Geodetic Vertical Datum of 1929 (NGVD), or other datum where specified of floods of various magnitudes and frequencies in the floodplains of riverine areas.
X ZONE. The area where the flood hazard is less than that in the SFHA. Shaded X ZONES shown on recent FIRMs (B zones on older FIRMs) designate areas subject to inundation by the flood with a 0.2% chance of being equaled or exceeded (the 500-year flood). Unshaded X ZONES (C zones on older FIRMs) designate areas where the annual exceedance probability of flooding is less than 0.2%.
ZONE. A geographical area shown on a FHBM or FIRM that reflects the severity or type of flooding in the area.
ZONE A. See definition for A ZONE.
ZONE B, C AND X. Areas identified in the community as areas of moderate or minimal hazard from the principal source of flood in the area. However, buildings in these zones could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. Flood insurance is available in participating communities but is not required by regulation in these zones. (ZONE X is used on new and revised maps in place of ZONES B AND C.)
(Ord. 2007-16, passed 7-10-2007)
§ 153.03 GENERAL PROVISIONS.
(A) Lands to which this chapter applies. This chapter shall apply to all SFHAs within the jurisdiction of the town.
(B) Basis for establishing regulatory flood data. This chapter’s protection standard is the regulatory flood. The best available regulatory flood data is listed below. Whenever a party disagrees with the best available data, the party submitting the detailed engineering study needs to replace existing data with better data and submit it to the State Department of Natural Resources for review and approval.
(1) The regulatory flood elevation, floodway and fringe limits for the studied SFHAs of the town shall be as delineated on the 100-year flood profiles in the “Flood Insurance Study of Johnson County and Incorporated Areas”, dated August 2, 2007 and the corresponding FIRM dated August 2, 2007, as well as any future updates, amendments or revisions, prepared by the Federal Emergency Management Agency with the most recent date.
(2) The regulatory flood elevation, floodway and fringe limits for each of the unstudied SFHAs of the town delineated as an “A Zone” on the FIRM of the county and incorporated areas shall be according to the best data available as provided by the State Department of Natural Resources.
(C) Establishment of floodplain development permit. A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities in areas of special flood hazard.
(D) Compliance. No structure shall hereafter be located, extended, converted or structurally altered within the SFHA without full compliance with the terms of this chapter and other applicable regulations. No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of this chapter and other applicable regulations.
(E) Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(F) Discrepancy between mapped floodplain and actual ground elevations.
(1) In cases where there is a discrepancy between the mapped floodplain (SFHA) on the FIRM and the actual ground elevations, the elevation provided on the profiles shall govern.
(2) If the elevation of the site in question is below the base flood elevation, that site shall be included in the SFHA and regulated accordingly.
(3) If the elevation (natural grade) of the site in question is above the base flood elevation, that site shall be considered outside the SFHA and the floodplain regulations will not be applied. The property owner should be advised to apply for a LOMA.
(G) Interpretation. In the interpretation and application of this chapter all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(H) Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this chapter does not create any liability on the part of the town, the State Department of Natural Resources, or the state, for any flood damage that results from reliance on this chapter or any administrative decision made lawfully thereunder.
(Ord. 2007-16, passed 7-10-2007)
§ 153.04 ADMINISTRATION.
(A) Designation of Administrator. The Town Council hereby appoints the Town Manager to administer and implement the provisions of this chapter and is herein referred to as the Floodplain Administrator.
(B) Permit procedures. Application for a floodplain development permit shall be made to the Floodplain Administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale snowing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities and the location of the foregoing. Specifically the following information is required.
(1) Application stage.
(a) A description of the proposed development;
(b) Location of the proposed development sufficient to accurately locate property and structure in relation to existing roads and streams;
(c) A legal description of the property site;
(d) A site development plan showing existing and proposed development locations and existing and proposed land grades;
(e) Elevation of the top of the lowest floor (including basement) of all proposed buildings. Elevation should be in NAVD 88 or NGVD;
(f) Elevation (in NAVD 88 or NGVD) to which any non-residential structure will be floodproofed; and
(g) Description of the extent to which any watercourse will be altered or related as a result
of proposed development.
(2) Construction stage.
(a) Upon placement of the lowest floor, or floodproofing, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the NAVD 88 or NGVD elevation of the lowest floor or floodproofed elevation, as built.
(b) The certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular structure, the certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.
(c) Any work undertaken prior to submission of the certification shall be at the permit holders’ risk. (The Floodplain Administrator shall review the lowest floor and floodproofing elevation survey data submitted.)
(d) The permit holder shall correct deficiencies detected by the review before any further work is allowed to proceed. Failure to submit the survey or failure to make the corrections required hereby, shall be cause to issue a stop-work order for the project.
(C) Duties and responsibilities of the Floodplain Administrator. The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of this chapter. The Administrator is further authorized to render interpretations of this chapter, which are consistent with its spirit and purpose. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:
(1) Review all floodplain development permits to assure that the permit requirements of this chapter have been satisfied;
(2) Inspect and inventory damaged structures in SFHA and complete substantial damage determinations;
(3) Ensure that construction authorization has been granted by the State Department of Natural Resources for all development projects subject to § 153.05(E) and (G)(1) below, and maintain a record of the authorization (either copy of actual permit or floodplain analysis/regulatory assessment);
(4) Ensure that all necessary federal or state permits have been received prior to issuance of the local floodplain development permit. Copies of the permits are to be maintained on file with the floodplain development permit;
(5) Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse, and submit copies of the notifications to FEMA;
(6) Maintain for public inspection and furnish upon request local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, letters of map amendment (LOMA), letters of map revision (LOMR), copies of DNR permits and floodplain analysis and regulatory assessments (letters of recommendation), federal permit documents, and “as-built” elevation and floodproofing data for all buildings constructed subject to this chapter;
(7) Utilize and enforce all letters of map revision (LOMR) or physical map revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community;
(8) Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished;
(9) Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with division (B) above;
(10) Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed, in accordance with division (B) above;
(11) Review certified plans and specifications for compliance;
(12) Stop work orders:
(a) Upon notice from the Floodplain Administrator, work on any building, structure or premises that is being done contrary to the provisions of this chapter shall immediately cease.
(b) The notice shall be in writing and shall be given to the owner of the property, or to his or her agent, or to the person doing the work, and shall state the conditions under which work may be resumed.
(13) Revocation of permits:
(a) The Floodplain Administrator may revoke a permit or approval, issued under the provisions of the ordinance, in cases where there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.
(b) The Floodplain Administrator may revoke a permit upon determination by the Floodplain Administrator that the construction, erection, alteration, repair, moving, demolition, installation or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this chapter.
(Ord. 2007-16, passed 7-10-2007)
§ 153.05 FLOOD HAZARD REDUCTION.
(A) General standards. In all SFHAs, the following provisions are required:
(1) New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;
(2) Manufactured homes shall be anchored to prevent flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces;
(3) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG;
(4) New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage;
(5) Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
(6) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
(7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
(8) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;
(9) Any alteration, repair, reconstruction or improvements to a structure that is in compliance with the provisions of this chapter shall meet the requirements of “new construction” as contained in this chapter; and
(10) Any alteration, repair, reconstruction or improvement to a structure that is not in compliance with the provisions of this chapter, shall be undertaken only if the nonconformity is not further, extended or replaced.
(B) Specific standards. In all SFHAs, the following provisions are required.
(1) Generally. In addition to the requirements of division (A) above, all structures to be located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations:
(a) Construction or placement of any new structure having a floor area greater than 400 square feet;
(b) Structural alterations made to:
1. An existing (previously unaltered structure), the cost of which equals or exceeds 50% of the value of the pre-altered structure (excluding the value of the land); and
2. Any previously altered structure.
(c) Reconstruction or repairs made to a damaged structure that are valued at more than 50% of the market value of the structure (excluding the value of the land) before damaged occurred;
(d) Installing a travel trailer or recreational vehicle on a site for more than 180 days;
(e) Installing a manufactured home on a new site or a new manufactured home on an existing site. This chapter does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and
(f) Reconstruction or repairs made to a repetitive loss structure.
(2) Residential construction. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor; including basement, at or above the FPG (two feet above the base flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with the standards of division (B)(4) below.
(3) Non-residential construction. New construction or substantial improvement of any commercial, industrial, or non-residential structure (or manufactured home) shall have the lowest floor, including basement, elevated to or above the FPG (two feet above the base flood elevation). Structures located in all “A Zones” may be floodproofed in lieu of being elevated if done in accordance with the following:
(a) A registered professional engineer or architect shall certify that the structure has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures and impacts from debris or ice. The certification shall be provided to the official as set forth in § 153.04(C)(10) above; and
(b) Floodproofing measures shall be operable without human intervention and without an outside source of electricity.
(4) Elevated structures. New construction or substantial improvements of elevated structures that include fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and designed to allow for the entry and exit of flood waters to automatically equalize hydrostatic flood forces on exterior walls. Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:
(a) Provide a minimum of two openings having a total net area of not less than one square inch for every one square foot of enclosed area;
(b) The bottom of all openings shall be no higher than one foot above foundation interior grade (which must be equal to in elevation or higher than the exterior foundation grade);
(c) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of flood waters in both directions;
(d) Access to the enclosed area shall be the minimum necessary to allow for parking for vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator);
(e) The interior portion of the enclosed area shall not be partitioned or finished into separate rooms; and
(f) Portions of the building below the flood protection grade must be constructed with materials resistant to flood damage.
(5) Structures constructed on fill. A residential or nonresidential structure may be constructed on a permanent land fill in accordance with the following:
(a) The fill shall be placed in layers no greater than one foot deep before compacting to 95% of the maximum density obtainable with the Standard Proctor Test method;
(b) The fill should extend at least ten feet beyond the foundation of the structure before sloping below the FPG;
(c) The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three horizontal to one vertical;
(d) The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties; and
(e) The top of the lowest floor including basements shall be at or above the FPG.
(6) Standards for structures constructed with a crawlspace. A residential or nonresidential structure may be constructed with a crawlspace located below the flood protection grade provided that the following conditions are met:
(a) The building must be designed and adequately anchored to resist flotation, collapse and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(b) Any enclosed area below the flood protection grade shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of flood waters. Provide a minimum of two openings having a total net area of not less than one square inch for every one square foot of enclosed area. The bottom of the openings shall be no more than one foot above grade;
(c) The interior height of the crawlspace measured from the interior grade of the crawlspace to the top of the foundation wall must not exceed four feet at any point;
(d) Utility systems within the crawlspace must be elevated above the flood protection grade;
(e) An adequate drainage system must be installed to remove flood waters from the interior area of the crawlspace within a reasonable period of time after a flood event;
(f) Portions of the building below the flood protection grade must be constructed with materials resistant to flood damage; and
(g) The interior grade of the crawlspace must be at or above the base flood elevation.
(7) Standards for manufactured homes and recreational vehicles. Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one of the following requirements:
(a) The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement applies to all manufactured homes to be placed on a site:
1. Outside a manufactured home park or subdivision;
2. In a new manufactured home park or subdivision;
3. In an expansion to an existing manufactured home park or subdivision; or
4. In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood.
(b) The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elevations that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement applies to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood; and
(c) Recreational vehicles placed on a site shall either:
1. Be on site for less than 180 days;
2. Be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or
3. Meet the requirements for “manufactured homes” as stated earlier in this section.
(C) Standards for subdivision proposals.
(1) All subdivision proposals shall be consistent with the need to minimize flood damage;
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and
(4) Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions), which is greater than the lesser of 50 lots or five acres.
(D) Critical facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated to or above the FPG at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood waters. Access routes elevated to or above the FPG shall be provided to all critical facilities to the extent possible.
(E) Standards for identified floodways.
(1) Located within SFHAs, established in § 153.03(B) above, are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of flood waters, which carry debris, potential projectiles and has erosion potential.
(2) If the site is in an identified floodway, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the State Department of Natural Resources and apply for a permit for construction in a floodway.
(3) Under the provisions of I.C. 14-28-1, a permit for construction in a floodway from the State Department of Natural Resources is required prior to the issuance of a local building permit for any excavation, deposit, construction or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing and paving and the like undertaken before the actual start of construction of the structure. However, it does exclude non-substantial additions/improvements to existing (lawful) residences in a non-boundary river floodway. (I.C. 14-28-1-26 allows construction of non-substantial additions/improvements to residences in a non-boundary river floodway without obtaining a permit for construction in a floodway from the State Department of Natural Resources. Please note that if fill is needed to elevate an addition above the existing grade, prior approval (construction in a floodway permit) for the fill is required from the State Department of Natural Resources.)
(4) No action shall be taken by the Floodplain Administrator until a permit (when applicable) has been issued by the State Department of Natural Resources granting approval for construction in a floodway. Once a permit for construction in a floodway has been issued by the State Department of Natural Resources, the Floodplain Administrator may issue the local floodplain development permit, provided the provisions contained in § 153.05 above have been met. The floodplain development permit cannot be less restrictive than the permit for construction in a floodway issued by the State Department of Natural Resources. However, a community’s more restrictive regulations (if any) shall take precedence.
(5) No development shall be allowed which acting alone or in combination with existing or future development, will increase the regulatory flood more than 0.14 of one foot; and
(6) For all projects involving channel modifications or fill (including levees) the town shall submit the data and request that the Federal Emergency Management Agency revise the regulatory flood data.
(F) Standards for identified fringe. If the site is located in an identified fringe, then the Floodplain Administrator may issue the local floodplain development permit provided the provisions contained in this section have been met. The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the FPG.
(G) Standards for SFHAs without established base flood elevation and/or floodways/fringes.
(1) Drainage area upstream of the site is greater than one square mile:
(a) If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined, and the drainage area upstream of the site is greater than one square mile, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the State Department of Natural Resources for review and comment;
(b) No action shall be taken by the Floodplain Administrator until either a permit for construction in a floodway or a floodplain analysis/regulatory assessment citing the 100-year flood elevation and the recommended flood protection grade has been received from the State Department of Natural Resources; and
(c) Once the Floodplain Administrator has received the proper permit for construction in a floodway or floodplain analysis/regulatory assessment approving the proposed development, a floodplain development permit may be issued provided the conditions of the floodplain development permit are not less restrictive than the conditions received from the State Department of Natural Resources and the provisions contained in this section have been met.
(2) Drainage area upstream of the site is less than one square mile:
(a) If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the Floodplain Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodway, fringe and 100-year flood elevation for the site; and
(b) Upon receipt, the Floodplain Administrator may issue the local floodplain development permit, provided the provisions contained in § 153.05 above have been met.
(3) The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood more than 0.14 of one foot and will not increase flood damages or potential flood damages.
(Ord. 2007-16, passed 7-10-2007)
§ 153.06 VARIANCE PROCEDURES.
(A) Designation of Variance and Appeals Board. The Board of Zoning Appeals as established by Town Council shall hear and decide appeals and requests for variances from requirements of this chapter.
(B) Duties of Variance and Appeals Board. The Board shall hear and decide appeals when it is alleged an error in any requirement, decision or determination is made by the Floodplain Administrator in the enforcement or administration of this chapter. Any person aggrieved by the decision of the Board may appeal the decision to the County Circuit Court, as provided by statute.
(C) Variance procedures. In passing upon the applications, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections; of this chapter, and:
(1) The danger of life and property due to flooding or erosion damage;
(2) The susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the individual owner;
(3) The importance of the services provided by the proposed facility to the community;
(4) The necessity to the facility of a waterfront location, where applicable;
(5) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(6) The compatibility of the proposed use with existing and anticipated development;
(7) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(8) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(9) The expected height, velocity, duration, rate of rise and sediment of transport of the flood waters at the site; and
(10) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
(D) Conditions for variances.
(1) Variances shall only be issued when there is:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship; and
(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.
(2) No variance for a residential use within a floodway subject to § 153.05(E) or (G)(1) above may be granted.
(3) Any variance granted in a floodway subject to § 153.05(E) or (G)(1) above will require a permit from the State Department of Natural Resources.
(4) Variances to the provisions for flood hazard reduction of § 153.05(B), may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade.
(5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(6) Variances may be granted for the reconstruction or restoration of any structure individually listed on the National Register of Historic Places or the State Register of Historic Sites and Structures.
(7) Any application to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. See division (E) below.
(8) The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency or the State Department of Natural Resources upon request. See division (E) below.
(E) Variance notification. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:
(1) The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
(2) The construction below the base flood level increases risks to life and property. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report the variances issued in the community’s biennial report submission to the Federal Emergency Management Agency.
(F) Historic structure. Variances may be issued for the repair or rehabilitation of “historic structures” upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an “historic structure” and the variance is the minimum to preserve the historic character and design of the structure.
(G) Special conditions. Upon the consideration of the factors listed in this section, and the purposes of this chapter, the Board of Zoning Appeals may attach the conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(Ord. 2007-16, passed 7-10-2007)
§ 153.99 PENALTY.
(A) Failure to obtain a floodplain development permit in the SFHA or failure to comply with the requirements of a floodplain development permit or conditions of a variance shall be deemed to be a violation of this chapter.
(B) All violations shall be considered a common nuisance and shall be punishable by a fine not exceeding $500.
(1) A separate offense shall be deemed to occur for each day the violation continues to exist.
(2) The Floodplain Administrator shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.
(3) Nothing herein shall prevent the town from taking other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(Ord. 2007-16, passed 7-10-2007)
CHAPTER 154: DEVELOPMENT CODE
Section
General Provisions
154.001 Title
154.002 Enactment
154.003 Purpose
154.004 Scope
154.005 Relationship to other ordinances or agreements
154.006 Incorporation of other documents
154.007 Definitions
154.008 Public utility installations
154.009 Zoning map
154.010 Nonconforming regulations
154.011 Nonconforming uses
154.012 Nonconforming buildings or structures
154.013 Nonconforming lots of record
154.014 Repairs and maintenance
154.015 Effective date; transitional provisions
Zoning Districts and Uses
154.030 Establishment of zoning districts
154.031 Rural districts standards and uses
154.032 Residential districts standards and uses
154.033 Commercial districts standards and uses
154.034 Industrial development standards and uses
154.035 Special district development standards
154.036 Floodplain regulations
154.037 Arterial corridor overlay
154.038 I-69 interchange overlay
154.039 Permitted uses
154.040 Permitted Use Table
154.041 Use limitation notes
154.042 Use descriptions
Specific Uses
154.060 Accessory dwelling unit
154.061 Adult businesses
154.062 Bed and breakfast
154.063 Childcare facilities
154.064 Drive-through facilities
154.065 Heliports and helipads
154.066 Home occupations
154.067 Manufactured home parks
154.068 Outdoor sales display
154.069 Outdoor eating areas
154.070 Outdoor storage
154.071 Short-term rentals
154.072 Small cell facilities
154.073 Solar energy conversion systems as accessory uses
154.074 Solar energy conversion systems as primary uses
154.075 Temporary uses
154.076 Vehicle storage
154.077 Wind energy conversion systems as accessory uses
154.078 Wind energy conversion as a primary use
154.079 Wireless communication facilities
Design and Maintenance
154.090 Accessory buildings and structures
154.091 Building standards
154.092 Fences and walls
154.093 Height standards
154.094 Lot standards
154.095 Performance standards
154.096 Property maintenance standards
154.097 Excavations or holes
154.098 Setback standards
154.099 Vision clearance standards
154.100 Yard standards
Improvement Standards
154.110 Landscape standards
154.111 Lighting
154.112 Parking standards
154.113 Signage
Subdivision Regulations
154.130 Establishment of controls
154.131 Subdivision types
154.132 Approval process overview
154.133 Sketch plan review procedure
154.134 Sketch plan submittal requirements
154.135 Primary plat approval procedure
154.136 Primary plat submittal requirements
154.137 Construction plan approval procedure
154.138 Construction plan submittal requirements
154.139 Secondary plat approval procedure
154.140 Secondary plat submittal requirements
154.141 As-built drawings submittal requirements
154.142 Commercial and industrial subdivisions
154.143 Re-subdivision of land
154.144 Vacation of plats
154.145 Modifications
154.146 Design principles and standards
154.147 Residential architectural standards
154.148 Business and mixed-use architectural standards
154.149 Industrial architectural standards
154.150 Block standards
154.151 Drainage standards
154.152 Easement standards
154.153 Monument and marker standards
154.154 Open space and amenity standards
154.155 Pedestrian network standards
154.156 Street and right-of-way standards
154.157 Street standards
154.158 Street light standards
154.159 Street sign standards
154.160 Utility standards
154.161 Surety standards
154.162 Appeal
154.163 Plat certificates and deed of dedication
Process and Administration
154.180 Process
154.181 Permits
154.182 Administration
154.183 Enforcement
GENERAL PROVISIONS
§ 154.001 TITLE.
This chapter is known as "The Town of Bargersville Development Code" and may be cited and referred to as the "Development Code," "Dwelling Code," "Building Code," "Zoning Ordinance," "Subdivision Control Ordinance," or "Unified Development Ordinance" (referred to in this document as "chapter").
(Ord. 2022-17, passed 7-19-2022)
§ 154.002 ENACTMENT.
This chapter is adopted according to the authority of I.C. 36-7-4 et seq., If sections of Indiana Code or Indiana Administrative Code referenced in this chapter are amended, this chapter is amended to refer to the updated section of code.
(Ord. 2022-17, passed 7-19-2022)
§ 154.003 PURPOSE.
(A) The provisions of this chapter are intended to:
(1) Protect the lands, water, and other natural resources within the town by encouraging uses best suited to those resources;
(2) Promote orderly development in accordance with the town's Comprehensive Plan;
(3) Facilitate economical municipal water and sewer services, adequate traffic capacity, recreational areas, schools, and other public amenities;
(4) Provide adequate light, air, and healthful conditions in residential, commercial, and industrial areas;
(5) Promote convenient and safe traffic and pedestrian movement;
(6) Protect against fire and other dangers; and
(7) Achieve stability in the expenditure of funds for public improvements and services.
(B) As they are interpreted and applied, the provisions of this chapter are the minimum requirements adopted to promote the public health, safety, morals, and general welfare.
(Ord. 2022-17, passed 7-19-2022)
§ 154.004 SCOPE.
(A) No building or structure can be used, constructed, altered, or maintained and no new use of land established except in conformity with the provisions of this chapter.
(B) After the effective date of this chapter, any building or structure used, erected, repaired, altered, or converted, or any use of land established in violation of the provisions of this chapter is declared a public nuisance and is subject to enforcement procedures.
(C) Nothing in this chapter requires a change in the plans, construction, or use of any building for which a completed application was filed or a permit issued prior to the effective date of this chapter. The approved construction must be completed within three years of the effective date of this chapter.
(D) The provisions of this chapter apply to all buildings, structures, and uses in any zoning district, unless otherwise noted.
(E) The regulations established by this chapter are the minimum necessary and apply uniformly to each class or kind of structure, land, or use.
(F) This chapter applies to all areas within the incorporated limits of the Town of Bargersville. Land uses and buildings are also subject to all other ordinances of the town.
(Ord. 2022-17, passed 7-19-2022)
§ 154.005 RELATIONSHIP TO OTHER ORDINANCES OR AGREEMENTS.
(A) The regulations of this chapter are in addition to any other regulations in effect in the Town of Bargersville. All building, subdividing, and change of uses within any district must satisfy all building, planning, platting, zoning, and other applicable regulations.
(B) If two or more provisions within this chapter conflict or are inconsistent with one another, then the most restrictive provision controls. Where graphics or illustrations within this chapter conflict with the text of the chapter, the text provision controls.
(C) This chapter is not intended to abrogate or annul any ordinance, rule, regulation, permit, easement, covenant, commitment, or private agreement previously adopted, issued, or entered and not in conflict with the provisions of this chapter. Where the regulations of this chapter are more restrictive or impose higher standards than other ordinances, regulations, easements, covenants, commitments or private agreements, the requirements of this chapter govern.
(Ord. 2022-17, passed 7-19-2022)
§ 154.006 INCORPORATION OF OTHER DOCUMENTS.
(A) Improvement location permits, development plans, and subdivisions must conform to the principles and standards established by this chapter.
(B) The following documents are incorporated, as amended, by cross-reference into this chapter:
(1) The Town of Bargersville Comprehensive Plan;
(2) The Town of Bargersville Thoroughfare Plan;
(3) The Town of Bargersville Parks and Recreation Master Plan;
(4) The Town of Bargersville Zoning Map;
(5) The Town of Bargersville Construction Standards;
(6) The Town of Bargersville Storm Water Drainage Manual; and
(7) The Town of Bargersville Approved Plant List and Prohibited Plant List.
(Ord. 2022-17, passed 7-19-2022)
§ 154.007 DEFINITIONS.
(A) Rules of construction. In the application and interpretation of this chapter, the following rules apply:
(1) The specific controls the general.
(2) The phrase "used for" includes arranged for, designed for, intended for, maintained for, and occupied for.
(3) A building or structure includes any of its parts.
(4) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunctions "and," "or" or "either...or", the conjunction is interpreted as follows:
(a) "And" indicates that all the connected items, conditions, provisions, or events apply.
(b) "Or" indicates the connected items, conditions, provisions, or events may apply singly or in any combination.
(c) "Either...or" indicates that the connected items, conditions, provisions, or events apply singly, but not in combination.
(5) Words used in the present tense include the future tense.
(6) Words used in the singular number include the plural and the plural includes the singular, unless the context clearly indicates the contrary.
(7) The word "must" is always mandatory and not discretionary. The word "may" is permissive.
(8) In case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text controls.
(9) Terms not defined in this section have the meaning customarily assigned them.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A detached, subordinate structure, the use of which is incidental to, customarily associated with, and related to the principal structure or use of the land and is located on the same lot as the principal structure or use.
ACCESSORY USE. A use customarily incidental to, subordinate to, and supportive of the principal use of the parcel.
ADMINISTRATOR. The officer appointed by and/or delegated the responsibility for the administration of this chapter by the Plan Commission and the Town Council.
ADVISORY PLAN COMMISSION. See PLAN COMMISSION.
AGRICULTURE. The use of land for agricultural purposes with the intent of selling any products produced by this activity. AGRICULTURAL uses include farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, along with necessary accessory uses. AGRICULTURAL use does not include the operation or maintenance of a commercial stockyard, slaughterhouse, feed lot or feeding of garbage or offal to swine or other animals.
ALLEY. A minor private or public thoroughfare which is not a street but affords a secondary means of access to abutting property, is generally used for service purposes, and is not intended for general traffic circulation.
APPEALS BOARD. The Town of Bargersville Board of Zoning Appeals.
APPLICANT. Any person, firm, partnership, joint venture, association, corporation, group, or organization who may apply for any permit, approval or decision required by this chapter.
ARCHITECTURAL DETAIL. That portion of a building containing any architectural projection, relief, cornice, column, change of building material or window or door opening.
ARCHITECTURAL FEATURE. A prominent or significant part or element of a building, structure, or site.
BASEMENT. A room or rooms, or any part of a room having a floor level more than 48 inches below grade. Except when used for business purposes, a BASEMENT is not be counted as a story in height or floor area measurement if the vertical distance between the BASEMENT floor and the average level of the finished grade is greater than the distance between the average level of the finished grade and the BASEMENT ceiling.
BERM. A man-made, formed earth mound of definite height and width used for landscaping, screening, and buffering purposes.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
BOARD. The Town of Bargersville Board of Zoning Appeals.
BOND. Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Town Council.
BUFFER. That portion of a lot set aside with adequate natural or planted vegetation to accomplish visual and sound screening to separate a potentially incompatible zoning district from an abutting zoning district.
BUFFER LANDSCAPING. Portion of a lot set aside with adequate natural or planted vegetation to accomplish visual and sound screening to separate a potentially incompatible zoning district from an abutting zoning district.
BUILDING. Any structure attached to the ground which has a roof and walls or roof supports and which is designed for the shelter, housing or enclosure of persons, animals or property of any kind.
BUILDING CODE. The Indiana State Building Code, as amended.
BUILDING HEIGHT. The vertical distance from the average finished grade to the highest point of the roof for a flat roof; the midpoint between the eaves and ridge line for a gambrel, gable, or hip roof; to the deck line of a mansard roof; or to an equivalent point on any other roof.
BUILDING LINE. See SETBACK.
BUILDING OFFICIAL. The person, officer, or official whom the Bargersville Town Council has designated as its agent for enforcing, in conjunction with the Zoning Administrator, the regulations of this chapter relating to building construction and permitting.
BUILDING PERMIT. A certificate issued by the Administrator of the Commission permitting a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, or convert any building or structure within its jurisdiction, or cause the same to be done.
BUILDING, PRINCIPAL. The primary building containing the principal use of a lot.
CALIPER. A standard trunk diameter measurement for trees, taken six inches above the finished grade for trees with a diameter of four inches or less, and 12 inches above the finished grade for larger sizes.
CERTIFICATE. The signed and attested document which indicates that a subdivision has been granted secondary approval by the Commission after proper public notice of its hearing.
CERTIFICATE OF OCCUPANCY. A permit authorized and issued by the Zoning Administrator indicating that the use or the building or land in question is in conformity with this chapter, or that a legal variance has been approved.
CHECKPOINT AGENCY. A public agency or organization called upon by the Commission to provide expert counsel regarding a specific aspect of community development or required by law to give its assent before subdivision may take place.
CO-LOCATION. The placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment area.
COMMISSION. See PLAN COMMISSION.
COMMON AREA. An area held in common ownership by an owners' association, not located in rights-of-way, and not located on individually owned private property.
COMPREHENSIVE PLAN. The inclusive physical, social, and economic plans and policies in graphic and verbal statement forms for the development of the town prepared and adopted by the Commission and Council pursuant to state law and including any part of such plan and/or policies separately adopted and any amendment to such plan and/or policies, or parts thereof.
CONDOMINIUM. The division of building(s) and the related land into horizontal property interests meeting the requirements of and controlled by Indiana statutes for condominiums as prescribed by state law.
CONSTRUCTION PLANS(S). The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed for the subdivision according to the requirements of this chapter as a condition of the approval of the plat.
COUNCIL. The Town Council of the Town of Bargersville, Indiana.
COUNTY. Johnson County, Indiana.
COUNTY HEALTH OFFICER. See HEALTH DEPARTMENT AND COUNTY HEALTH OFFICER.
COUNTY RECORDER. The county official empowered to record and file land description plats.
COUNTY SURVEYOR. The county official so designated by the laws of the State of Indiana to maintain information such as benchmarks, USGS Topo Maps, Flood Zone Maps, Survey Records, historical aerial photography, legal drain information such as legal descriptions and watershed maps, and annexation descriptions for each city and town. The SURVEYOR maintains a legal survey record book for all legal surveys within the county.
CUL-DE-SAC. A short, dead-end street terminating in a vehicular turnaround area.
DECK. An open structure at least 12 inches above the ground which may be attached to a building and is commonly used for outdoor leisure activities.
DENSITY. The total number of residential dwelling units to be located on a parcel of property divided by the total acreage of the property.
DEPARTMENT. The Town of Bargersville Department of Development.
DESIGNATED OFFICIALS. Those officials of the Commission designated in this chapter as required signatories for the execution of secondary plat approval.
DISTURBED AREA. That area of the land's surface disturbed by any work or activity upon the property by means including, but not limited to, grading; excavating; stockpiling soil, fill, or other materials; clearing; vegetation removal; removal or deposit of any rock, soil, or other materials; or other activities which expose soil. DISTURBED AREA does not include the tillage of land that is zoned for agricultural use.
DRAINAGE BOARD. The Johnson County Drainage Board for legal drains and the Storm Water Utility Board for land within town limits.
DRIVE IN OR DRIVE THROUGH FACILITY. An accessory use for a business (such as banks, restaurants, dry cleaners, or pharmacies) where the delivery of customer services is done, usually from within the building via a service window, while patrons are in their motor vehicles.
DRIVES, PRIVATE. Vehicular streets, and driveways paved or unpaved which are wholly within private property except where they intersect with other streets within public rights-of-way.
DWELLING UNIT. A permanent building, or any part of a permanent building, having cooking and sanitary facilities, designed, or used exclusively for residential occupancy by one family as a single housekeeping unit, but not including hotels/motels, trailer coaches, recreational vehicles, tents or portable buildings.
EASEMENT. A grant of one or more rights by a property owner to and/or for specific persons, the public, corporations, utilities, or others.
FAMILY. One or more persons related by blood, marriage, or legal adoption; or two or more unrelated persons occupying a dwelling unit and living as a single housekeeping unit. The term FAMILY does not include any fraternity, sorority, club, hotel, organization, or institutional group.
FEASIBILITY REPORT. A written report prepared by a professional engineer or land surveyor pertaining to the suitability of the site for various types of water and sewage systems; for drainage retention or detention; and the subsoil conditions for various methods of street construction.
FENCE. A barrier or partition of wood, masonry, stone, metal or similar manufactured material or combination of materials, used to prevent or control entrance, confine within, mark a boundary or act as a screen.
FINAL PLAT. A map establishing real estate interests for recording with the County Recorder prepared by an Indiana registered surveyor, drawn in accordance with the requirements of §§ 154.130 to 154.163. This is also referred to as a secondary plat.
FLOOR AREA.
(A) FLOOR AREA, GROSS (GFA). The sum of all gross horizontal areas of the several floors of a building or buildings, measured from the outside dimensions of the structure or from the centerline of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than six feet.
(B) FLOOR AREA, USABLE. That area to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers, measured from the interior faces of the exterior walls. Areas used principally for the storage or processing of merchandise, for hallways, stairways, and elevator shafts, or for utilities or sanitary facilities is be excluded from this computation.
FRONTAGE. The linear distance where a property line is coterminous with a street right-of-way line.
FRONTAGE STREET. Any street to be constructed by the developer or any existing street where development takes place on both sides.
GRADE. The slope of a street, ditch, swale, pipe, other public way, and other applicable development features specified in percentage terms.
GRADE, NATURAL. The elevation of the ground level in its natural state, before construction, filling, or excavation.
GRADE, FINISHED. The average elevation at ground level at the front wall of the building after construction and grading is complete.
GREENBELT. A landscaped area or vegetative strip that provides aesthetic relief, typically along a roadway.
HEALTH DEPARTMENT AND JOHNSON COUNTY HEALTH OFFICER. The agency and that person designated by Johnson County to administer the health regulations within the county's jurisdiction.
HOME OCCUPATION. A vocational activity conducted as an accessory use in a dwelling unit by a member or members of the resident family, which is clearly accessory and incidental to the principal residential use of the dwelling.
HOUSEHOLD PETS. Companion animals commonly kept as pets, whose primary value is personal enjoyment including, but not limited to, dogs, cats, birds, fish, turtles, rodents (bred, such as gerbils, rabbits, hamsters, or guinea pigs) and lizards (non-poisonous). Wild, vicious, or exotic animals are not be considered HOUSEHOLD PETS.
IMPROVEMENTS. Any change in use, major exterior remodeling of a structure or grounds, addition to a structure or parking area, or interior remodeling of over 30% of the gross floor area of a structure.
IMPROVEMENT LOCATION PERMIT. A permit signed by the Zoning Administrator stating that a proposed improvement complies with the provisions of this chapter and all other applicable ordinances.
INDIANA CODE. The latest edition with any amending supplements of the Indiana Statutes Code Edition (abbreviated as I.C. herein) which codifies all Indiana statutes for reference purposes.
INTERESTED PARTIES. Those parties who are the owners of property, to whom notice must be given for a particular proceeding.
JUNK. Any unlicensed and inoperable motor vehicles and inoperable machinery, appliances, products, or merchandise with parts missing, or scrap metals or other scrap materials that are damaged, deteriorated or in a condition which prevents its use for the purpose for which the product was intended or manufactured.
LOADING SPACE. An off-street portion of a parcel designated for the temporary parking of commercial vehicles while loading or unloading materials for use or sale on the parcel.
LOCAL STREET. A street intended to provide access to other streets from individual properties and to provide right-of-way beneath it for sewer, water, and storm drainage pipes.
LOT. A legally described and recorded parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings or utilized for a principal use and its accessory uses, together with such yards and open spaces as are required by this chapter.
(a) LOT, CORNER. A lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting a curved street is considered a corner lot if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.
(b) LOT, INTERIOR. Any lot other than a corner lot.
(c) LOT, MEW. A lot served by an alley or street fronting an open space or common area. The front yard setback for a mew lot is measured from the narrowest property line abutting the open space or common area.
(d) LOT, THROUGH. An interior lot having frontage on two streets that are approximately parallel.
LOT AREA. The total horizontal area within the lot lines of the lot, excluding any road right-of-way or easement dedicated for street purposes.
LOT COVERAGE. The percentage of the lot occupied by buildings, including accessory buildings.
LOT DEPTH. The horizontal distance between the front and rear lot lines, measured along the midpoint between the side lot lines.
LOT IMPROVEMENT. Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.
LOT LINE.
(a) LOT LINE, FRONT. The line separating a lot from the abutting street or street right-of-way. For a corner lot, a line separating the narrowest street frontage of the lot from the street, unless otherwise determined by the Administrator.
(b) LOT LINE, REAR. The line opposite the front lot line. In the case of a lot that is pointed at the rear, the REAR LOT LINE is an imaginary line parallel to the front lot line, not less than ten feet long, lying farthest from the front lot line and wholly within the lot.
(c) LOT LINE, SIDE. Any lot line other than the front, street side, or rear lot line. A SIDE LOT LINE separating a lot from another lot is an interior side lot line.
(d) LOT LINE, STREET SIDE. A lot line, other than a front lot line or a rear lot line, that abuts a street. A STREET SIDE LOT LINE does not include lot lines that abut an alley.
LOT OF RECORD. A parcel of land separately described on a plat or metes and bounds description recorded in the office of the Johnson County Recorder on the effective date of this chapter.
LOT WIDTH. The horizontal distance between the side lot lines, measured at the two points where the front setback line intersects the side lot lines.
MANUFACTURED HOME. A factory-built, single-family structure, transportable in one or more sections, which is built on a permanent chassis in compliance with the National Manufacture Home Construction and Safety Standards Act (42 U.S.C. § 4301) and designed to be used as a single-family dwelling with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME includes "mobile home". Recreational vehicles and modular homes are not included in this definition.
MANUFACTURED HOME COMMUNITY. A parcel or tract containing spaces for three or more manufactured homes with required improvements that are leased for the long-term placement of manufactured homes as year-round residences on a non-recreational basis, which may also include services and facilities for the residents.
MASTER PLAN. See COMPREHENSIVE PLAN.
MIXED USE. Two or more uses within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a close proximity.
MODEL HOME. A dwelling unit used initially for display purposes which typifies the kind of units that will be constructed in the subdivision.
MODULAR HOME. A factory-fabricated, transportable building unit that is not a manufactured home, placed upon a permanent foundation, and joined to make a single residential structure.
NONCONFORMING LOT. A lot that was legally established and in existence at the time this chapter or any amendment was adopted but which does not conform to the current area and width requirements of the district in which it is located.
NONCONFORMING BUILDING OR STRUCTURE. A building or structure that was legally established at the time this chapter or any amendment was adopted and which does not conform to the current regulations of the district in which it is located.
NONCONFORMING USE. A use of a building, structure or land that was legally established and operating at the time this chapter or any amendment was adopted and which is no longer permitted in the district in which it is located.
OFFICIAL MAP. The map(s) established by the Town Council pursuant to law showing the existing and proposed streets, highways, parks, drainage systems and set-back lines theretofore laid out, adopted and established by law, and any amendments or additions thereto adopted by the Town Council or additions thereto resulting from the approval of subdivision plats by the Commission and the subsequent filing of such approved plats.
OPEN SPACE. An area of land unoccupied by buildings, structure, storage, or parking areas, except for recreational structures and which is generally for the purpose of active or passive recreation, environmental protection, preservation of scenic views or similar purposes. OPEN SPACE does not include street rights-of-way or easements or required yards.
ORDINANCE. The Town of Bargersville Development Code.
OVERLAY DISTRICT. A special purpose zoning district that encompasses all or a portion of one or more underlying zones and imposes additional requirements beyond those required by the underlying zone.
OWNER. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under this chapter.
PARCEL. A separate division of land legally described and of record to show the actual boundaries of the property.
PARKING LOT. A ground-level open area or plot of ground, usually improved, used for the temporary storage or parking of motor vehicles either for compensation or to provide an accessory service to a business, industrial or residential use.
PARKING SPACE. A defined off-street space of adequate size for parking a vehicle with room for opening doors on both sides and maneuvering.
PERIMETER STREET. Any existing street to which the parcel of land to be subdivided abuts on only one side.
PERSON. Any person, firm, or corporation, public or private, the State of Indiana and its agencies or political subdivisions, and the United States of America, its agencies and instrumentality, and any agent, servant, officer, employee of any of the above.
PLAN COMMISSION. The town's Plan Commission as established according to Indiana law, also known as the Advisory Plan Commission or the Commission.
PLANNED UNIT DEVELOPMENT (PUD). A tract or parcel of land developed as a unit under single ownership or unified control that is unique and incorporates one or more of the following: a variety of uses, varied density of development, dedicated open space, preservation of significant natural features, reduced lot sizes or similar attributes that typically would not be easily achieved under conventional zoning districts.
PLAT. A map indicating the subdivision or re-subdivision of land filed or intended to be filed for record with the County Recorder.
PORCH. A horizontal surface consisting of a deck, slab or other similar construction, covered and attached to a main building and designed for outdoor seating, shelter from the elements or as a means of entry to the building.
PRIMARY PLAT. The preliminary drawing or drawings, described in this chapter, indicating the proposed manner or layout of the subdivision to be submitted to the Commission for approval.
PRIMARY APPROVAL. An approval (or approval with conditions imposed) granted to a subdivision by the Commission after having determined in a public hearing that the subdivision complies with the standards prescribed in this chapter (per I.C. 36-7-4-700 series: Subdivision Control).
PRINCIPAL USE. The primary use of any lot.
PRINCIPLE STRUCTURE. A structure that accommodates the primary use of the site. Standards recognized by the Indiana Administrative Building Council are used to determine whether a given structure constitutes one or more buildings in cases where ambiguities exist.
PUBLIC IMPROVEMENT. Any drainage ditch, street, highway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the Town Council may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which Town Council responsibility is established. All such improvements must be properly bonded.
PUBLIC RIGHT-OF-WAY. The publicly owned land in which any street, road, alley or pedestrian/bicycle way or other special purpose way or utility installation is constructed or reserved for public use.
PUBLIC SANITARY SEWER. A municipal sewer system, including collection and treatment facilities, established by a developer or the municipality to serve new or existing development.
PUBLIC WATER SUPPLY. A municipal water supply system including new and existing wells, and/or surface water sources and intakes, treatment facilities, and distribution lines established by a developer or the municipality to serve new or existing development.
RECREATIONAL VEHICLE. Any type of vehicle used temporarily or periodically for recreational or leisure pursuits. Examples include, but are not limited to, travel trailers, motor homes, boats, special purpose automobiles, floats, rafts, trailers, detachable travel equipment of the type adaptable to light trucks, personal watercraft and other vehicles or equipment of a similar nature, as well as any trailer used to transport them.
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.
REGISTERED PROFESSIONAL ENGINEER. An engineer properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.
RESIDENTIAL DISTRICT. The AG, R-R, R-1, R-2, R-3, R-4 and R-5 Districts.
RESTRICTIVE COVENANTS. The limitations of various kinds on the usage of lots within a subdivision which are proposed by the developer or subdivider.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, pedestrian-way, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, special landscaping, or for another special use. The usage of the term RIGHT- OF-WAY for land platting purposes means that every right-of-way hereafter established and shown on a secondary plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. RIGHT-OF-WAY intended for streets, crosswalks, water mains, sanitary sewers, storm drains, screening, or special landscaping, or any other use involving maintenance by the Town Council must be dedicated to public or utility use by the developer or subdivider on whose plat such right-of-way is established.
SALE OR LEASE. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, intestate succession, or other written instrument.
SCREEN OR SCREENING. A visual barrier that surrounds a potentially offensive activity.
SECONDARY APPROVAL. The stage of application for formal approval of a secondary plat of a subdivision which, if approved and signed by the designated officials, may be submitted to the County Recorder for filing.
SECONDARY PLAT. The map, drawing, or plan described in this chapter of a subdivision and any accompanying material submitted to the Commission for secondary approval, and which if approved and signed by the designated officials, may be submitted to the County Recorder for filing.
SETBACK. The minimum required horizontal distances measured from front, side, and rear lot lines which describe an area beyond which the main walls of a principal building may not extend. A setback line is the line established by the minimum horizontal distance for each yard. See YARD definitions.
SHADE TREE. A tree in a public place, street, special easement, or right-of-way adjoining a street as provided in this chapter.
SIGN PERMIT. A permit reviewed, approved, and issued by the Zoning Administrator for the Town of Bargersville to erect a sign.
SKETCH PLAN. An informal, informational drawing, as described in this chapter, preparatory to the drawing of the primary plat to enable the developer or subdivider to save time and expense in reaching a general agreement with the Commission as to the form of the plat and conformance to the objectives of this chapter.
SOIL SURVEY. The National Cooperative Soil Survey prepared by the U.S. Department of Agriculture, Soil Conservation Service in cooperation with Purdue University.
SPECIAL EXCEPTION USE. Those uses of land and structures which are not essentially incompatible with the other uses permitted in a zoning district, but which possess characteristics of operation or locational qualities that may require individual review and restriction.
STATE LAW. Such legislative acts of the State of Indiana as they affect this chapter.
STEEP SLOPES. Slopes equal to or steeper than 12%. The percent slope is measured as a six foot foot fall or greater in any 50 foot distance.
STORM WATER UTILITY BOARD. The board responsible for the review and approval of all drainage related aspects of development within the limits of the town.
STORY, HALF. An uppermost story, lying under a sloping roof, having an area of at least 200 square feet, with a clear height of seven feet six inches. For the purposes of this chapter, the usable floor area of a HALF STORY is only that area having at least four feet clear height between floor and ceiling.
STREET. The space or area between lot lines, abutting upon a right-of-way and designed as a way for vehicular traffic, however designated, and including those illustrated in the Comprehensive Plan.
STREET CLASSIFICATION. The hierarchy of street types denoting their relative function and traffic carrying capability.
(a) ARTERIAL. A connected network of continuous routes serving intra- and interstate travel, as well as interurban travel. ARTERIALS accommodate high traffic volumes generally at higher speeds. Access to abutting land is subordinate to moving through traffic. The following streets are classified as ARTERIALS:
1. SR 135;
2. SR 37;
3. CR 144.
(b) COLLECTOR. Those streets which collect traffic from local streets and channel it to arterial streets. COLLECTOR streets carry moderate traffic volumes and primarily provide for local traffic movements with a minor amount of through traffic. While traffic movement remains their primary function, COLLECTORS do provide for a higher degree of land access than arterials.
(c) LOCAL. A street that provides direct access to adjacent land and access to higher street classifications. All streets not otherwise classified are LOCAL.
STREET RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the centerline of the street.
STREET, PRIVATE. Any vehicular access not dedicated to the public that has been platted and recorded as a private street.
STREET, PUBLIC. A right-of-way dedicated to the town or other governmental entity and owned by the city or other governmental entity for public purposes.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
STRUCTURE. Anything constructed, erected, or placed which requires location on or in the ground or is attached to something having a location on the ground, including without limitation, buildings, manufactured homes, gazebos, play structures, decks, towers, fences, and swimming pools.
SUBDIVIDER. Any person or legal entity who participates as owner, promoter, developer, or sales agent in the planning, platting, development, promotion, sale, or lease of a development.
SUBDIVISION. The division of any parcel of land into two or more parcels or lots or the combination of two or more smaller parcels or lots into one lot for the purpose of transfer or ownership, leasing, or development.
TECHNICAL REVIEW COMMITTEE. A committee comprised of persons with technical knowledge of various municipal, county, state and federal regulations and standards regarding development responsible for working with developers or subdividers in reviewing technical aspects of plans and other development projects and making technical findings for the Commission for their consideration in reviewing said plans. The committee consists of the Administrator and appropriate checkpoint agencies.
TEMPORARY IMPROVEMENT. Improvements built and maintained by a developer or subdivider during construction of the subdivision and intended to be replaced by a permanent improvement prior to release of the performance bond or turnaround improvements at the ends of stub streets intended to be replaced when the adjoining area is developed and the through street connection made.
THOROUGHFARE PLAN. See OFFICIAL MAP.
TOWN. The Town of Bargersville, Indiana.
USABLE LIVING AREA. The floor area of a dwelling unit, measured from the outside dimensions of the building's exterior walls, exclusive of unfinished basements, open porches, breezeways, terraces, garages, and exterior stairways.
VARIANCE, DEVELOPMENT STANDARD. A variation, authorized by the Board of Zoning Appeals, from the strict requirements of the Zoning Ordinance relative to building, lot area or width, setbacks, height, parking, or other dimensional provisions of the ordinance.
VARIANCE, USE. A specific approval, authorized by the Board of Zoning Appeals, to conduct a principal use on a lot or parcel that is otherwise not permitted within the zoning district in which the property is located.
WETLANDS. Those areas that are inundated or saturated by the surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
YARD. An open space on the same lot with a building or structure, unoccupied and unobstructed between the building and the nearest lot line, except as otherwise provided (see also BUILDING LINE).
(a) YARD, FRONT. The yard extending across the full width of the lot, the depth of which is the shortest horizontal distance between the front lot line and the front setback line.
(b) YARD, REAR. The yard extending the full width of the lot, the depth of which is the shortest horizontal distance between the rear lot line and the rear setback line.
(c) YARD, SIDE. The yard between the principal building and the side lot line, extending from the front yard to the rear yard, the width of which is the shortest horizontal distance from the side lot line and the side setback line.
(d) YARD, STREET SIDE. The yard between the principal building and the side lot line, extending from the front yard to the rear yard, the width of which is the shortest horizontal distance from the side lot line abutting a street and the side setback line.
ZONING ADMINISTRATOR or ADMINISTRATOR. The person designated by the Bargersville Town Council as the town's agent for administration of these regulations.
ZONING ORDINANCE or ORDINANCE. The Development Code of the Town of Bargersville, Indiana.
(Ord. 2022-17, passed 7-19-2022)
§ 154.008 PUBLIC UTILITY INSTALLATIONS.
(A) Structures or land used for public utility installations are subject to the provisions of this chapter to the extent permitted under Indiana law.
(B) All structures for a public utility installation, including substations, must be effectively landscaped and require approval of a site plan (see § 154.180) and improvement location permit (see § 154.181).
(Ord. 2022-17, passed 7-19-2022)
§ 154.009 ZONING MAP.
(A) (1) The zoning map for the jurisdiction of the Plan Commission in effect on the date of adoption of this chapter is adopted as part of this chapter by reference. The map may be referred to as the "Official Zoning Map" and as the "zoning map".
(2) The Official Zoning Map is located in the office of the Department and may be maintained as an electronic zoning map. Copies of the Official Zoning Map must be labeled as copies and contain the last date of modification. The Official Zoning Map should be revised annually or as the Plan Commission determines necessary.
(B) The following rules apply where uncertainty exists about the exact boundaries of any zoning district shown on the zoning map:
(1) Zoning district boundaries shown within or parallel to the lines of streets, easements, and rights-of-way are deemed to follow the centerline of the affected street, easement, or right-of-way. At the boundaries of the jurisdiction of the Plan Commission, district boundaries are deemed to include the full width of such streets, easements, and rights-of-way.
(2) Zoning district boundaries indicated as following or being parallel to section or fractional sectional lines, lot lines, or town corporation lines are interpreted as following or paralleling such lines.
(3) Zoning district boundaries indicated as approximately following the centerline of streams, rivers, or other bodies of water are interpreted to follow such centerlines.
(4) Zoning district boundaries indicated as approximately following the parcel lines as established by the town are interpreted to follow such parcel lines.
(5) If the boundary line of a district divides a lot in a manner essentially perpendicular to a street, the district that applies to the larger part of the lot applies to the entire lot.
(6) In the case of uncertainty, the Administrator interprets the intent of the Zoning Map and determines the location of the boundary in question. If the Administrator cannot definitively determine the location of a zoning district boundary, the BZA determines the location of the zoning district boundary.
(C) Unless changed by an amendment to this chapter, land annexed into the town currently zoned for agricultural uses will be designated AG Agricultural District and all other zoning districts will be designated R-1 Low Density Single-Family Residential District. Whenever any right-of-way or other similar area is vacated, the zoning districts adjoining each side of the right-of-way or the area automatically extend to the centerline of such vacation. All areas included in the vacation are then subject to the appropriate provisions of the extended zoning district(s). In the event of a partial vacation, the adjoining zoning district, or zoning district nearest the portion vacated, extends automatically to include all the vacated area.
(Ord. 2022-17, passed 7-19-2022)
§ 154.010 NONCONFORMING REGULATIONS.
(A) Upon the adoption of this chapter, the zoning map, and potentially upon other government action (e.g., acquisition of right-of-way), some buildings, structures, lots and uses may no longer conform to the regulations of their zoning district. This chapter provides the rules, policies, and regulations that apply to these buildings, structures, lots and uses.
(B) Any property, lot, or structure rendered nonconforming solely by the action of a governmental agency modifying any street, is exempt from these nonconformance provisions.
(C) (1) Legal nonconforming. Legal nonconformance is caused by an amendment to this chapter and not due to a change to the property, resulting in the property no longer conforming to the standards of the applicable zoning district. When this situation occurs, the property is deemed legal nonconforming and is subject to the terms of this chapter.
(2) Illegal nonconforming. A building, structure, sign, or lot constructed or used without an approved building permit, improvement location permit, or approval from the BZA or Plan Commission is considered illegal nonconforming when it does not conform to this chapter. An illegal nonconforming property is subject to enforcement and penalties as set forth in §§ 154.180 to 154.183, and all other applicable state or municipal law. The illegal nonconforming property must be altered to conform with all applicable standards and regulations of this chapter.
(D) It is recognized that there exist within zoning districts certain lots, buildings, structures and uses which were lawful before this chapter was passed or amended, but are now prohibited, regulated or restricted under the terms of this chapter. It is the intent to permit these legal nonconformities to continue until they are removed but not to encourage their survival.
(E) Nonconforming lots, buildings, structures, and uses are declared by this chapter to be incompatible with the provisions of the districts in which they are located. It is the intent of this chapter that nonconformities not be enlarged, expanded, or extended, except as otherwise permitted in this chapter, nor be used as the reason to add other buildings, structures, or uses prohibited elsewhere in the district.
(F) Nothing in this chapter serves as authorization for, or approval of, the continuation of a use that violates the zoning regulations in effect at the time of the adoption of this chapter.
(Ord. 2022-17, passed 7-19-2022)
§ 154.011 NONCONFORMING USES.
(A) A nonconforming use cannot be enlarged or increased, nor extended to occupy a greater area of land or building area than was occupied on the effective date this chapter.
(B) No part of any nonconforming use can be moved unless the movement eliminates or reduces the nonconformity.
(C) If a nonconforming use is abandoned for any reason for a period of more than one year, any subsequent use must conform to the requirements of this chapter. A nonconforming use is determined to be abandoned if one or more of the following conditions exists:
(1) Utilities serving the property—such as water, gas, and electricity—have been disconnected;
(2) The property, buildings, and grounds, have fallen into disrepair, as evidenced by broken windows, sagging or missing steps, structural defects, overgrown grass or weeds, and similar conditions;
(3) Signs or other indications of the existence of the nonconforming use have been removed;
(4) Equipment or fixtures necessary for the operation of the nonconforming use have been removed;
(5) Other actions the Administrator deems to constitute an intention on the part of the owner or lessee to abandon the nonconforming use.
(Ord. 2022-17, passed 7-19-2022)
§ 154.012 NONCONFORMING BUILDINGS OR STRUCTURES.
Where a lawful building or structure exists on the effective date of this chapter that does not comply with the requirements of this chapter because of restrictions such as lot area, lot coverage, width, height, or setbacks, that building or structure may continue to be occupied and used so long as it remains otherwise lawful, subject to the following provisions:
(A) If a nonconforming building or structure is destroyed to more than 50% of its fair market value exclusive of the foundation, it must be reconstructed in conformity with the provisions of this chapter. The Administrator may consult with outside sources to determine fair market value. The BZA may permit the reconstruction of the nonconforming building or structure if all the following conditions are met:
(1) The prior nonconforming conditions are not increased;
(2) All building materials and architectural details conform to the architectural standards found in §§ 154.130 to 154.163.
(3) The new building or structure is placed on the original foundation, unless the building or structure could be located to reduce the nonconformity on the lot;
(4) The application to reconstruct the nonconforming building or structure was filed with the Administrator within six months of the date the building or structure was damaged or destroyed; and
(5) The reconstruction of the building or structure is not detrimental to adjacent property and the surrounding neighborhood.
(B) If a nonconforming building or structure is moved for any reason and for any distance, it must be moved to a location complying with the requirements of this chapter.
(Ord. 2022-17, passed 7-19-2022)
§ 154.013 NONCONFORMING LOTS OF RECORD.
(A) If a lot of record does not meet a minimum lot width or minimum lot area requirement, the lot of record may be used for any use permitted in the district in which it is located. Any building or structure constructed on the lot must comply with the required front and rear setbacks and other requirements for the zoning district. However, side setbacks may be reduced up to the percentage to which the lot width relates to the minimum lot width requirement. The nonconforming lot may also be used for special exception uses, if it meets all applicable requirements of this chapter for those uses (see § 154.180).
(B) When two or more lots of record have continuous frontage and are under single ownership but do not meet the requirements established for lot width or lot area, the parcels involved are considered one undivided parcel for purposes of this chapter. No portion of the parcel can be used or divided in a manner that reduces compliance with lot width and area requirements established by this chapter.
(Ord. 2022-17, passed 7-19-2022)
§ 154.014 REPAIRS AND MAINTENANCE.
The following regulations apply to legal nonconforming structures and uses:
(A) Work may be done for ordinary repairs or replacement of walls, heating, fixtures, wiring, or plumbing under the condition the square footage and volume of usable space does not increase.
(B) If all or part of a structure is declared unsafe or condemned by an authorized official and is not repaired or rebuilt within six months of the declaration, the structure loses its nonconforming status. All future improvements must conform to the standards of this chapter.
(C) Permits may be required for modifications or alterations of legal nonconforming structures (see § 154.181).
(A) This chapter comprises a replacement ordinance for the jurisdiction of the Town of Bargersville, as described in I.C. 36-7-4-602(a) and in I.C. 36-7-4-700. Accordingly, the prior Bargersville Zoning Ordinance, which was adopted on or about July 20, 2015, as amended, and the prior Bargersville Subdivision Control Ordinance, which was adopted on or about December 1, 2015, as amended are hereby repealed on the effective date of this chapter.
(B) The effective date of this chapter is the latest of the following dates:
(1) The final day on which notice of the adoption of the penalty provisions of this chapter (see § 154.183) is published under I.C. 36-7-4-610(a).
(2) The day on which this chapter is filed in the Clerk-Treasurer's office under I.C. 36-7-4-610(f).
(3) August 1, 2022.
(C) This section applies to any application for a permit pending before the Department on the effective date of this chapter. The applicant may request the Administrator treat the application as an application filed according to this chapter instead of the prior Bargersville Zoning Ordinance. If the Administrator grants the request, the application is then approved or denied by the Department, BZA, Plan Commission, or the Council according to the provisions of this chapter.
(Ord. 2022-17, passed 7-19-2022)
ZONING DISTRICTS AND USES
§ 154.030 ESTABLISHMENT OF ZONING DISTRICTS.
The Town of Bargersville is divided into the following zoning districts:
(A) Rural districts.
(1) AG Agricultural;
(2) R-R Rural Residential.
(B) Residential districts.
(1) R-1 Low Density Single-Family;
(2) R-2 Moderate Density Single-Family;
(3) R-3 Medium Density Mixed Residential;
(4) R-4 High Density Mixed Residential;
(5) R-5 Multi-Family Residential.
(C) Commercial districts.
(1) C-1 Office/Service Business;
(2) C-2 Local Business;
(3) C-3 General Business.
(D) Industrial districts.
(1) I-1 Light Industrial;
(2) I-2 General Industrial;
(3) I-3 Technology Industrial.
(E) Special districts.
(1) DT Downtown Mixed-Use;
(2) MU Mixed-Use.
(F) Overlay districts.
(1) ACO Arterial Corridor Overlay;
(2) IO I-69 Interchange Overlay;
(3) FP Floodplain Overlay.
(Ord. 2022-17, passed 7-19-2022)
§ 154.031 RURAL DISTRICTS STANDARDS AND USES.
(A) Purpose.
(1) AG Agriculture. The Agriculture District is primarily to accommodate agricultural operations and practices. In addition, the AG District is intended to preserve and maintain the established rural character and agricultural traditions of Bargersville and the surrounding area. It allows agricultural development by reason of location and the availability of resources and infrastructure, while allowing scattered single family homes at a very low density.
(2) R-R Rural Residential. The Rural Residential District is intended to protect those features within the rural areas of the town that are valued by the community and contribute its character. The agricultural context, pastoral setting, natural features, and wildlife habitats are essential components of that rural character. Single-family homes are permitted within this district at low densities, along with uses compatible with the openness of the district and the country setting.
(B) Lot requirements.
AG
RR
Maximum Density (units/acre)
0.5
0.5
Minimum Lot Size
2 acres
2 acres
Minimum Lot Width
200 ft.
200 ft.
Minimum Lot Frontage/Street Frontage
200 ft.
100 ft.
(C) Building placement requirements.
Residential Uses
AG
RR
Residential Uses
AG
RR
Minimum Front Setback
100 ft.
100 ft.
Minimum Street Side Setback
50 ft.
50 ft.
Minimum Side Setback
20 ft.
20 ft.
Minimum Rear Setback
35 ft.
35 ft.
Nonresidential Uses
AG
RR
Minimum Front Setback
100 ft.
100 ft.
Minimum Street Side Setback
50 ft.
50 ft.
Minimum Side Setback
20 ft.
20 ft.
Minimum Rear Setback
35 ft.
35 ft.
(D) Building requirements.
AG
RR
Maximum Building Height
45 ft.
45 ft.
Minimum Living Area (sq. ft.)
1,200
1,200
Maximum Lot Coverage
30%
30%
(E) Permitted uses. See § 154.039.
(F) Parking requirements. See § 154.112.
(G) Architectural standards. See § 154.147.
(H) Miscellaneous provisions.
(1) Any lot of record zoned AG Agriculture that was within the A-1F District at the time of annexation may be split by minor subdivision (see § 154.131(C)) provided the resulting parcels, including the lot of record, do not exceed an average density of one dwelling unit per ten acres. If the resulting density on a lot of record will exceed this density, the parcel must first be rezoned to R-R Rural Residential prior to proceeding with an application for subdivision approval.
(2) New residential dwelling units are required to connect to municipal water and sanitary sewer services. The Town Council may grant a waiver to this requirement (See § 154.145). Other jurisdictional permits may be required.
(Ord. 2022-17, passed 7-19-2022)
§ 154.032 RESIDENTIAL DISTRICTS STANDARDS AND USES.
(A) Purpose.
(1) R-1 Low Density Single-Family District. The Low Density Single-Family District is intended to accommodate new residential subdivision development at densities of approximately two units per acre, along with related uses.
(2) R-2 Moderate Density Single-Family District. Moderate Density Single-Family District is intended to encompass some of the town's existing single family residential neighborhoods and accommodate new development at densities of about three units per acre.
(3) R-3 Medium Density Mixed Residential District. The Medium Density Mixed Residential District is intended to provide wider housing options at densities of up to six units per acre. The R-3 District lends itself to serving as a buffer or transitional zone between lower density residential and non-residential development. Single family dwellings, small-scale multifamily dwellings, and townhomes are permitted, along with compatible public, quasi-public and institutional uses.
(4) R-4 High Density Mixed Residential District. The High Density Mixed Residential District is similar in character and purpose to the R-3 District, but also permits multifamily dwellings. It allows development at higher densities than any other district. Residential densities of up to 12 units per acre are permitted in this district.
(5) R-5 Multi-Family Residential. The Multi-Family Residential District is intended to provide large-scale multifamily housing options at densities of up to 22 units per acre. This district is intended for large apartment complexes with over 100 units with vehicular access to arterial or collector streets. They can either front directly on the arterial or collector street or be located as a transitional land use between nonresidential uses and lower density residential zones.
(B) Lot requirements. See Image 2-1.
R-1
R-2
R-3
R-4
R-5
R-1
R-2
R-3
R-4
R-5
Maximum Density (units/acre)
2.0
3.0
6.0
12.0
24.0
Single-Family Detached Dwelling
Minimum Lot Size (sq. ft.)
12,000
9,000
6,000
4,200
3,500
Minimum Lot Width
80 ft.
60 ft.
50 ft.
35 ft.
30 ft.
Minimum Lot Frontage/Street Frontage
50 ft.
50 ft.
40 ft.
30 ft.
30 ft.
Minimum Living Area (sq. ft.)
1,800
1,600
1,400
1,200
1,000
Two-Family Detached Dwelling
Minimum Lot Size (sq. ft.)
N/A
6,000
3,000
2,100
1,800
Minimum Lot Width
N/A
30 ft.
25 ft.
18 ft.
18 ft.
Minimum Lot Frontage/Street Frontage
N/A
25 ft.
20 ft.
15 ft.
12 ft.
Minimum Living Area per Dwelling Unit (sq. ft.)
N/A
1,200
1,100
1,000
900
Single-Family Attached Dwelling
Minimum Lot Size (sq. ft.)
N/A
N/A
2,000
1,650
1,500
Minimum Lot Width
N/A
N/A
18 ft.
18 ft.
18 ft.
Minimum Lot Frontage/Street Frontage
N/A
N/A
15 ft.
12 ft.
12 ft.
Minimum Living Area (sq. ft.)
N/A
N/A
1,400
1,200
1,000
Multi-Family Dwelling
Minimum Lot Size (sq. ft./DU)
N/A
N/A
1,800
1,500
1,500
Minimum Lot Width
N/A
N/A
60 ft.
50 ft.
40 ft.
Minimum Lot Frontage/Street Frontage
N/A
N/A
40 ft.
35 ft.
30 ft.
Minimum Living Area per Dwelling Unit (sq. ft.)
N/A
N/A
*
*
*
Note:
* The multi-family dwelling minimum living area requirement is based upon the type of dwelling unit as follows: efficiency unit - 550 sq. ft.; one bedroom unit - 650 sq. ft.; two bedroom unit - 800 sq. ft.; three bedroom unit - 1,000 sq. ft.; for each additional bedroom over three - an additional 100 sq. ft.
(C) Building placement requirements.
R-1
R-2
R-3
R-4
R-5
Minimum Front Setback
25 ft.
20 ft.
20 ft.
15 ft.
10 ft.
Minimum Street Side Setback
15 ft.
10 ft.
7 ft.
5 ft.
5 ft.
Minimum Side Yard Setback*
10 ft.
6 ft.
8 ft.
5 ft.
5 ft.
Minimum Rear Setback
20 ft.
15 ft.
12 ft.
10 ft.
10 ft.
Garage Along Street Setback
25 ft.
20 ft.
20 ft.
20 ft.
20 ft.
Note:
* The side yard setback between attached units within the same building is 0 ft.
(D) building requirements.
R-1
R-2
R-3
R-4
R-5
Maximum Building Height
40 ft.
35 ft.
40 ft.
45 ft.
55 ft.
Maximum Lot Coverage
35%
40%
60%
70%
80%
(E) Permitted uses. See § 154.039.
(F) Parking requirements. See § 154.112.
(G) Architectural standards. See § 154.147.
(Ord. 2022-17, passed 7-19-2022)
§ 154.033 COMMERCIAL DISTRICTS STANDARDS AND USES.
(A) Purpose.
(1) C-1 Office/Service Business District. The Office/Service District is intended to accommodate uses that can provide office and personal services to the residents of Bargersville. The uses permitted in this district are low intensity and an appropriate scale and appearance to be generally compatible with most other uses. Among other purposes, this district may serve as a transitional zone between residential and commercial or industrial districts and between major thoroughfares and residential districts.
(2) C-2 Local Business District. The Local Business District is intended to provide for the development of convenience business uses meeting the daily needs of residents living in adjacent residential neighborhoods. This district should be strategically located with access to a minor arterial or collector street.
(3) C-3 General Business District. The General Business District accommodates general retail and/or autodependent businesses. Uses within the district typically require high visibility, arterial frontage, good access, and ample parking. Uses in this district are intended to be confined to nodes to prevent the creation of commercial strip development with its attendant traffic congestion, unsightly clutter, distractions, and potential incompatibility with adjoining residential uses.
(B) Lot requirements.
C-1
C-2
C-3
Minimum Lot Size (sq. ft.)
20,000
10,000
40,000
Minimum Lot Width
100 ft.
60 ft.
100 ft.
Minimum Lot Frontage/Street Frontage*
50 ft.
50 ft.
50 ft.
Note:
* Any lot without street frontage must have an unobstructed access easement at least 25 ft. wide (see § 154.152(E)).
(C) Building placement requirements.
C-1
C-2
C-3
Minimum Front Setback
Where abutting a residential district
All others
25 ft.
10 ft.
25 ft.
10 ft.
25 ft.
15 ft.
Minimum Street Side Setback
Where abutting a residential district
All others
20 ft.
10 ft.
15 ft.
5 ft.
20 ft.
12 ft.
Minimum Side Setback
Where abutting a residential district
All others
10 ft.
5 ft.
10 ft.
5 ft.
10 ft.
10 ft.
Minimum Rear Setback
Where abutting a residential district
All others
20 ft.
10 ft.
10 ft.
0 ft.
20 ft.
10 ft.
(D) Building requirements.
C-1
C-2
C-3
Maximum Building Height
35 ft.
45 ft.
65 ft.
Maximum Lot Coverage
40%
80%
60%
(E) Permitted uses. See § 154.039.
(F) Parking requirements. See § 154.112.
(G) Architectural standards. See § 154.148.
(Ord. 2022-17, passed 7-19-2022)
§ 154.034 INDUSTRIAL DEVELOPMENT STANDARDS AND USES.
(A) Purpose.
(1) I-1 Light Industry. This district is established to accommodate light industrial uses in which all operations, including storage of materials, would be confined within a building, and would include warehousing operations. Development in this district requires site plan approval.
(2) I-2 General Industry. This district is established for all types of industrial uses requiring both enclosed and unenclosed spaces for storage, manufacturing, and fabricating. Development in this district requires site plan approval.
(3) I-3 Technology Industrial. This district is established for industrial and office uses that focus on engineering or manufacturing technology. Uses may include corporate offices, high tech manufacturing, and research and development facilities. Development in this district requires site plan approval.
(B) Lot requirements.
I-1
I-2
I-3
Maximum Density (units/acre)
N/A
N/A
N/A
Minimum Lot Size (sq. ft.)
20,000
30,000
20,000
Minimum Lot Width
100 ft.
120 ft.
100 ft.
Minimum Lot Frontage/Street Frontage*
45 ft.
60 ft.
45 ft.
Note:
* Any lot without street frontage must have an unobstructed access easement at least 25 ft. wide (see § 154.152(E)).
(C) Building placement requirements
I-1
I-2
I-3
Minimum Front Setback
20 ft.
30 ft.
25 ft.
Minimum Street Side Setback
15 ft.
20 ft.
15 ft.
Minimum Side Setback
10 ft.
10 ft.
10 ft.
Minimum Rear Setback
10 ft.
20 ft.
20 ft.
Minimum Separation of Primary and Accessory Buildings
10 ft.
10 ft.
10 ft.
(D) Building requirements.
I-1
I-2
I-3
Maximum Building Height
75 ft.
75 ft.
75 ft.
Maximum Lot Coverage
75%
50%
75%
(E) Permitted uses. See § 154.039.
(F) Parking requirements. See § 154.112.
(G) Architectural standards. See § 154.149.
(Ord. 2022-17, passed 7-19-2022)
§ 154.035 SPECIAL DISTRICT DEVELOPMENT STANDARDS.
(A) Purpose.
(1) DT Downtown Mixed-Use District. The Downtown Mixed-Use District is established to accommodate developments containing a variety of commercial, office, and residential uses in Bargersville's downtown core. Uses need to be appropriate to downtown and occur at a scale cohesive with the existing urban fabric of downtown. Development in this district requires site plan approval.
(2) MU Mixed-Use District. This district is established to accommodate developments containing a variety of compatible commercial, office, and residential uses. The uses may be mixed vertically within a building or horizontally in close proximation to each other. Development in this district requires site plan approval.
(3) PUD Planned Unit Development District. This district is established to encourage large-scale, identity-building developments mixing uses, building types, and building arrangements. Development in this district requires connection to public water and public sewers and site plan approval. See § 154.180 for the approval process and standards for planned unit developments.
(B) Lot requirements.
DT
MU
DT
MU
Maximum Density (units/acre)
22.0
15.0
Residential Uses
Minimum Lot Size (per dwelling unit)
900
1,800
Minimum Lot Width
30 ft.
40 ft.
Minimum Lot Frontage/Street Frontage*
25 ft.
30 ft.
Nonresidential Uses
Minimum Lot Size
No minimum
No minimum
Minimum Lot Width
No minimum
No minimum
Minimum Lot Frontage/Street Frontage*
No minimum
No minimum
Note:
* Any lot without street frontage must have an unobstructed access easement at least 25 ft. wide (see § 154.152(E)).
(C) Building placement requirements.
DT
MU
DT
MU
Residential Uses
Minimum Front Setback
10 ft.
10 ft.
Minimum Street Side Setback
7 ft.
7 ft.
Minimum Side Setback*
5 ft.
5 ft.
Minimum Rear Setback
5 ft.
10 ft.
Minimum Separation of Primary and Accessory Buildings
6 ft.
6 ft.
Nonresidential Uses
Minimum Front Setback
0 ft.
0 ft.
Minimum Street Side Setback
0 ft.
0 ft.
Minimum Side Setback
0 ft.
0 ft.
Minimum Rear Setback
0 ft.
0 ft.
Minimum Separation of Primary and Accessory Buildings
6 ft.
10 ft.
Note:
* The side yard setback between attached units within the same building is 0 ft.
(E) Permitted uses. See § 154.039.
(F) Parking requirements. See § 154.112.
(G) Architectural standards. See § 154.148.
(Ord. 2022-17, passed 7-19-2022)
§ 154.036 FLOODPLAIN REGULATIONS.
The flood hazard areas of the town are subject to periodic inundation resulting in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, that adversely affect the public health, safety, and general welfare. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage contribute to the flood loss. To minimize the threat of such damages and to achieve the purposes of this section, these regulations are adopted.
(A) Purpose. The purpose of this section is to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding undertaken at public expense;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities (such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges) located in floodplains;
(6) Maintain a stable tax base by providing uses of flood-prone areas that minimize flood blight;
(7) Ensure that occupants of special flood hazard assume responsibility for their actions;
(8) Minimize the impact of development on adjacent properties in and around flood- prone areas;
(9) Ensure the flood storage and conveyance functions of the floodplain are maintained;
(10) Minimize the impact of development on the natural, beneficial values of the floodplain;
(11) Prevent floodplain uses that are either hazardous or environmentally incompatible;
(12) Meet community participation requirements of the National Flood Insurance Program.
(B) Methods of reducing flood loss. To accomplish its purposes, these regulations include provisions for:
(1) Restricting or prohibiting uses that are dangerous to health, safety, and property due to water hazards, or that result in damaging increases in flood heights or velocities;
(2) Requiring uses vulnerable to floods be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, that accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, excavating, and other development activities that may increase flood damage; and
(5) Preventing or regulating the construction of flood barriers that divert flood waters or increase flood hazards in other areas.
(C) Definitions. Unless specifically defined below, words or phrases used in this section are interpreted with the meanings they have in common usage and to give these regulations the most reasonable application.
1% ANNUAL CHANCE FLOOD. The flood that has a 1% chance of being equaled or exceeded in any given year. See REGULATORY FLOOD.
ALTERATION OF A WATERCOURSE. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other modification which may alter, impede, retard, or change the direction and/or velocity of the flow of water during conditions of the base flood.
ACCESSORY STRUCTURE. A structure with a floor area of 400 square feet or less on the same parcel as a principal structure the use of which is incidental to the use of the principal structure. An ACCESSORY STRUCTURE excludes structures used for human habitation.
(a) ACCESSORY STRUCTURES are considered walled and roofed where the structure includes at least two outside rigid walls and a fully secured roof.
(b) Examples of ACCESSORY STRUCTURES include detached garages, carports, storage and tool sheds, and small boathouses.
(c) The following may have uses that are incidental or accessory to the principal structure on a parcel but are generally not considered to be ACCESSORY STRUCTURES by the NFIP:
1. Structures in which any portion is used for permanent or temporary human habitation, either whether as a permanent residence or as temporary or seasonal living quarters, such as a detached garage or carriage house that includes an apartment or guest quarters, or a detached guest house on the same parcel as a principal residence;
2. Structures used by the public, such as a place of employment or entertainment; and
3. Development that does not meet the NFIP definition of a structure for floodplain management purposes. Examples includes, but are not necessarily limited to, a gazebo, pavilion, picnic shelter, or carport that is open on all sides (roofed but not walled).
ADDITION (TO AN EXISTING STRUCTURE). Any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction.
APPEAL. A request for a review of the Floodplain Administrator's interpretation of any provision of this chapter, a request for a variance, or a challenge of a Board decision.
AREA OF SPECIAL FLOOD HAZARD. The land within a community subject to a 1% or greater chance of being flooded in any given year.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. The BASE FLOOD may also be referred to as the 1% annual chance flood or 100-year flood.
BASE FLOOD ELEVATION (BFE). The water surface elevation of the base flood in relation to a specified datum, usually the North American Vertical Datum of 1988.
BASEMENT. That portion of a structure having its floor sub-grade (below ground level) on all sides.
BEST AVAILABLE FLOOD LAYER (BAFL). Floodplain studies and any corresponding floodplain maps prepared and/or approved by the Indiana Department of Natural Resources which provide base flood elevation information, floodplain limits, and/or floodway delineations for flood hazards identified by approximate studies on the currently effective FIRM (Zone A) and/or for waterways where the flood hazard is not identified on available floodplain mapping.
BUILDING. See STRUCTURE.
COMMUNITY. A political entity that has the authority to adopt and enforce floodplain ordinances for the areas within its jurisdiction.
CRITICAL FACILITY. A facility for which even a slight chance of flooding might be too great. CRITICAL FACILITIES include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency response installations, and installations which produce, use or store hazardous materials or hazardous waste.
DEVELOPMENT.
(a) For floodplain management purposes, any man-made change to improved or unimproved real estate including but not limited to:
1. Construction, reconstruction, or placement of a structure or any addition to a structure;
2. Installing a manufactured home on a site, preparing a site for a manufactured home or installing a recreational vehicle on a site for more than 180 days;
3. Installing utilities, erection of walls and fences, construction of roads, or similar projects;
4. Construction of flood control structures such as levees, dikes, dams, channel improvements, etc.;
5. Mining, dredging, filling, grading, excavation, or drilling operations;
6. Construction and/or reconstruction of boat lifts, docks, piers and seawalls;
7. Construction and/or reconstruction of, bridges or culverts;
8. Storage of materials; or
9. Any other activity that might change the direction, height, or velocity of flood or surface waters.
(b) DEVELOPMENT does not include activities such as the maintenance of existing structures and facilities such as painting; re-roofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent structures.
ELEVATION CERTIFICATE. A FEMA form that is routinely reviewed and approved by the White House Office of Management and Budget under the Paperwork Reduction Act, that is encouraged to be used to collect certified elevation information.
ENCLOSED AREA (ENCLOSURE). An area of a structure enclosed by walls on all sides.
ENCLOSURE BELOW THE LOWEST FLOOR. See LOWEST FLOOR and ENCLOSED AREA.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the community's first floodplain ordinance.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FEMA. The Federal Emergency Management Agency.
FILL FOR FLOODPLAIN MANAGEMENT PURPOSES. Any material deposited or placed which has the effect of raising the level of the ground surface above the natural grade elevation. Fill material includes but is not limited to consolidated material such as concrete and brick and unconsolidated material such as soil, sand, gravel, and stone.
FLOOD or FLOODING.
(a) A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
3. Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
(b) FLOOD or FLOODING also includes the collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or current of water exceeding anticipated cyclical levels that result in a flood as defined above.
FLOOD HAZARD AREA. Areas subject to the 1% annual chance flood. (See SPECIAL FLOOD HAZARD AREA).
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
FLOOD INSURANCE STUDY (FIS). The official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM and the water surface elevation of the base flood.
FLOOD-PRONE AREA. Any land area acknowledged by a community as being susceptible to inundation by water from any source. (See FLOODPLAIN).
FLOOD PROTECTION GRADE (FPG). The BFE plus two feet at any given location in the SFHA.
FLOODPLAIN. Any land area susceptible to being inundated by water from any source. (See FLOOD).
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
FLOODPLAIN MANAGEMENT REGULATIONS. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance), and other applications of police power which control development in flood-prone areas. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODPROOFING (DRY FLOODPROOFING). A method of protecting a structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces.
FLOODPROOFING CERTIFICATE. A form used to certify compliance for nonresidential structures as an alternative to elevating structures to or above the FPG.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulative increasing the water surface elevation more than a designated height.
FREEBOARD. A factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood.
FRINGE or FLOOD FRINGE. The portion of the floodplain lying outside the floodway.
FUNCTIONALLY DEPENDENT USE. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
HARDSHIP (AS RELATED TO VARIANCES OF THIS CHAPTER). The exceptional hardship that would result from a failure to grant the requested variance. The Town of Bargersville Board of Zoning Appeals requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional HARDSHIP. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE. Any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by (1) an approved state program as determined by the Secretary of Interior; or (2) directly by the Secretary of Interior in states without approved programs.
HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS. Analyses performed by a professional engineer licensed by the State of Indiana, in accordance with standard engineering practices that are accepted by the Indiana Department of Natural Resources and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.
INTERNATIONAL CODE COUNCIL-EVALUATION SERVICE (ICC-ES) REPORT. A document that presents the findings, conclusions, and recommendations from a particular evaluation. ICC-ES REPORTS provide information about what code requirements or acceptance criteria were used to evaluate a product, and how the product should be identified, installed.
LETTER OF FINAL DETERMINATION (LFD). A letter issued by FEMA during the mapping update process which establishes final elevations and provides the new flood map and flood study to the community. The LFD initiates the six-month adoption period. The community must adopt or amend its floodplain management regulations during this six-month period unless the community has previously incorporated an automatic adoption clause.
LETTER OF MAP CHANGE (LOMC). A general term used to refer to the several types of revisions and amendments to FEMA maps that can be accomplished by letter. They are broken down into the following categories:
(a) CONDITIONAL LETTER OF MAP REVISION (CLOMR). FEMA's comment on a proposed project that would, upon construction, result in modification of the SFHA through the placement of fill outside the existing regulatory floodway.
(b) CONDITIONAL LETTER OF MAP REVISION BASED ON FILL (CLOMR-F). A letter from FEMA stating that a proposed structure that will be elevated by fill would not be inundated by the base flood.
(c) LETTER OF MAP AMENDMENT (LOMA). An amendment by letter to the currently effective FEMA map that establishes that a building or of land is not located in a SFHA through the submittal of property specific elevation data. A LOMA is only issued by FEMA.
(d) LETTER OF MAP AMENDMENT OUT AS SHOWN (LOMA-OAS). An official determination by FEMA that states the property or building is correctly shown outside the SFHA as shown on an effective NFIP map. Therefore, the mandatory flood insurance requirement does not apply. An out-as-shown determination does not require elevations.
(e) LETTER OF MAP REVISION (LOMR). An official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations.
(f) LETTER OF MAP REVISION BASED ON FILL (LOMR-F). FEMA's modification of the SFHA shown on the FIRM based on the placement of fill outside the existing regulatory floodway.
LOWEST ADJACENT GRADE. The lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.
LOWEST FLOOR. For floodplain management purposes, the lowest elevation described among the following:
(a) The lowest floor of a building;
(b) The basement floor;
(c) The garage floor if the garage is connected to the building;
(d) The first floor of a structure elevated on pilings or pillars;
(e) The floor level of any enclosure, other than a basement, below an elevated structure where the walls of the enclosure provide any resistance to the flow of floodwaters. Designs for meeting the flood opening requirement must either be certified by a registered professional engineer or architect or meet or exceed the following criteria:
1. The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of floodwaters.
2. At least two openings are designed and maintained for the entry and exit of floodwater; and these openings provide a total net area of at least one square inch for every one square foot of enclosed area. The bottom of all such openings must be no higher than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher. Doorways and windows do not qualify as openings.
(f) The first floor of a building elevated on pilings or columns in a coastal high hazard area (as that term is defined in 44 CFR 59.1), as long as it meets the requirements of 44 CFR 60.3.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include a RECREATIONAL VEHICLE.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MITIGATION. Sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of MITIGATION is twofold: to protect people and structures, and to minimize the cost of disaster response and recovery.
NATURAL GRADE FOR FLOODPLAIN MANAGEMENT PURPOSES. The elevation of the undisturbed natural surface of the ground. Fill placed prior to the date of the initial identification of the flood hazard on a FEMA map is also considered natural grade.
NEW CONSTRUCTION FOR FLOODPLAIN MANAGEMENT PURPOSES. Any structure for which the "start of construction" commenced on or after the effective date of a floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the community's first floodplain ordinance.
NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) AS ADOPTED IN 1993. A vertical control datum used as a reference for establishing varying elevations within the floodplain.
OBSTRUCTION. Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
PHYSICAL MAP REVISION (PMR). An official republication of a community's FEMA map to effect changes to base (1% annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric features. These changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs.
PREFABRICATED BUILDING. A building that is manufactured and constructed using prefabrication. It consists of factory-made components or units that are transported and assembled on-site to form the complete building.
PRINCIPALLY ABOVE GROUND. At least 51% of the actual cash value of the structure, less land value, is above ground.
RECREATIONAL VEHICLE. A vehicle which is:
(a) Built on a single chassis;
(b) Four hundred square feet or less when measured at the largest horizontal projections;
(c) Designed to be self-propelled or permanently towable by a light duty truck;
(d) Designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use.
REGULATORY FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in division (D)(2) of this section. The REGULATORY FLOOD is also known by the term BASE FLOOD, 1% ANNUAL CHANCE FLOOD, and 100-YEAR FLOOD.
REPETITIVE LOSS. Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equaled or exceeded 25% of the market value of the structure before the damage occurred.
RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
SPECIAL FLOOD HAZARD AREA (SFHA). (Synonymous with AREAS OF SPECIAL FLOOD HAZARD and FLOODPLAIN.) Those lands within the jurisdiction of the Town of Avon subject to a 1% or greater chance of flooding in any given year. SPECIAL FLOOD HAZARD AREAS are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies as Zones A, AE, A99. The SFHA includes areas that are flood-prone and designated from other federal, state or local sources of data including but not limited to best available flood layer maps provided by or approved by the Indiana Department of Natural Resources, historical flood information reflecting high water marks, previous flood inundation areas, and flood-prone soils associated with a watercourse.
SOLID WASTE DISPOSAL FACILITY. Any facility involved in the storage or disposal of non-liquid, non-soluble materials ranging from municipal garbage to industrial wastes that contain complex and sometimes hazardous substances. Solid waste also includes sewage sludge, agricultural refuse, demolition wastes, mining wastes, and liquids and gases stored in containers.
START OF CONSTRUCTION. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE. A walled and roofed building, including a gas or liquid storage tank, which is principally above ground. The term includes a manufactured home, as well as a prefabricated building. It also includes recreational vehicles installed on a site for more than 180 consecutive days.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "repetitive loss" or "substantial damage" regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements.
VARIANCE. A grant of relief from the requirements of this chapter consistent with the variance conditions herein.
VIOLATION. The failure of a structure or other development to be fully compliant with this chapter.
WALLED AND ROOFED. A building that has two or more exterior rigid walls and a fully secured roof and is affixed to a permanent site.
WATERCOURSE. A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
(D) General provisions.
(1) Applicability. This section applies to all SFHAs and known flood-prone areas within the jurisdiction of the Town of Bargersville.
(2) Basis for establishing regulatory flood data. This section's protection standard is the regulatory flood. The best available regulatory flood data is listed below.
(a) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of the Town of Bargersville, delineated as an "AE Zone" on the Johnson County, Indiana and Incorporated Areas Flood Insurance Rate Map dated August 2, 2007 is determined from the 1% annual chance flood profiles in the Flood Insurance Study of Johnson County, Indiana and Incorporated Areas and the corresponding Flood Insurance Rate Maps (FIRM) dated August 2, 2007 as well as any subsequent updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. Should the floodway limits not be delineated on the Flood Insurance Rate Map for a studied SFHA designated as an "AE Zone", the limits of the floodway will be according to the best available flood layer as provided by the Indiana Department of Natural Resources.
(b) The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of the Town of Bargersville, delineated as an "A Zone" on the Johnson County, Indiana and Incorporated Areas Flood Insurance Rate Map, dated August 2, 2007, as well as any subsequent updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date, must be according to the best available flood layer provided by the Indiana Department of Natural Resources, provided the upstream drainage area from the subject site is greater than one square mile. Whenever a party disagrees with the best available flood layer data, the party needs to replace existing data with better data that meets current engineering standards. To be considered, this data must be submitted to the Indiana Department of Natural Resources for review and subsequently approved.
(c) In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood elevation, floodway, and fringe limits of any watercourse in the community's known flood-prone areas is according to the best data available as provided by IDNR, provided the upstream drainage area from the subject site is greater than one square mile.
(d) Upon issuance of a Letter of Final Determination (LFD), any more restrictive data in the new (not yet effective) mapping/study is utilized for permitting and construction (development) purposes, replacing all previously effective less restrictive flood hazard data provided by FEMA.
(3) Establishment of floodplain development permit. A floodplain development permit is required in conformance with the provisions of this section prior to the commencement of any development activities in areas of special flood hazard.
(4) Compliance. No structure can be located, extended, converted, or structurally altered within the SFHA without full compliance with the terms of this section and other applicable regulations. No land or stream within the SFHA can be altered without full compliance with the terms of this section and other applicable regulations.
(5) Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another conflict or overlap, the more stringent restrictions apply.
(6) Discrepancy between mapped floodplain and actual ground elevations.
(a) In cases where there is a discrepancy between the mapped floodplain (SFHA) on the FIRM and the actual ground elevations, the elevation provided on the profiles governs.
(b) If the elevation of the site in question is below the base flood elevation, that portion of the site is included in the SFHA and regulated accordingly.
(c) If the elevation (natural grade) of the site in question is above the base flood elevation, that portion of the site is considered outside the SFHA and the floodplain regulations will not be applied. The property owner should apply for a Letter of Map Amendment (LOMA).
(7) Interpretation. In the interpretation and application of this section all provisions are considered as minimum requirements; construed in favor of the governing body; and, deemed neither to limit nor repeal any other powers granted under state statutes.
(8) Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this article does not create any liability on the part of the town, the IDNR, or the State of Indiana, for any flood damage that results from reliance on this article or any administrative decision lawfully made.
(9) Penalties for violation. Failure to obtain a floodplain development permit in the SFHA or failure to comply with the requirements of a floodplain development permit or conditions of a variance is deemed a violation of this chapter and subject to enforcement.
(a) A separate offense occurs each day the violation continues to exist.
(b) The Administrator informs the owner that such a violation is considered a willful act to increase flood damages and therefore may cause suspension of a Standard Flood Insurance Policy.
(c) The town is not prevented from taking other lawful action to prevent or remedy violations. All enforcement costs, including attorney's fees, accrue to the persons responsible.
(E) Administration.
(1) Designation of Administrator. The Town Council appoints the Administrator to administer and implement the provisions of this section and is referred to as the Floodplain Administrator.
(2) Permit procedures. Application for a floodplain development permit is made to the Floodplain Administrator on forms furnished by the Department prior to any development activities and may include plans describing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, and drainage facilities.
(a) At the application stage the following information is required:
1. A description of the proposed development;
2. Location of the proposed development sufficient to accurately locate property and structures in relation to existing roads and streams;
3. A legal description of the property;
4. For the reconstruction, rehabilitation, or improvement of an existing structure, or an addition to an existing building, a detailed quote and description of the total work to be completed including but not limited to interior work, exterior work, and labor as well as a certified valuation of the existing (pre-improved or pre-damaged) structure;
5. A site plan showing existing and proposed improvements and existing and proposed land grades;
6. A letter from a licensed professional surveyor or engineering noting that an elevation reference benchmark has been established or confirmed for those projects requiring elevations to be met;
7. Verification that connection to either a public sewer system or to an approved on-site septic system is available and approved by the respective regulatory agency for proposed structures with plumbing;
8. Elevation of the top of the lowest floor (including basement) of all proposed structures in Zones A and AE. Elevation should be in NAVD 88;
9. Elevation in NAVD 88 to which any nonresidential structure will be floodproofed;
10. Plans showing location and specifications for flood openings for any proposed structure with enclosed areas below the flood protection grade;
11. Plans showing materials to be used below the flood protection grade for any proposed structure are flood resistant;
12. Plans showing how any proposed structure will be anchored to resist flotation or collapse;
13. Plans showing how any electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities are designed and/or located. Elevation should be in NAVD 88;Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. A hydrologic and hydraulic engineering study is required, and any watercourse changes submitted to DNR for approval and then to FEMA as a Letter of Map Revision. (See division (E)(3)(f) for additional information.)
14. Any additional information, as requested by the Floodplain Administrator, which may be necessary to determine the disposition of a proposed development or structure with respect to the requirements of this chapter.
(b) At the construction stage the following information is required: Upon establishment of the lowest floor of an elevated structure or structure constructed on fill, it is the duty of the applicant to submit to the Floodplain Administrator an elevation certificate for the building under construction. The Floodplain Administrator reviews the elevation certificate. Any deficiencies detected during the review must be corrected by the applicant before work is allowed to continue. Failure to submit the survey or failure to make said corrections required is cause to issue a stop-work order for the project.
(c) At the completion of construction, the following information is required: Upon completion of construction of any structure requiring certification of elevation, an elevation certificate which depicts the "as-built" lowest floor elevation and other applicable elevation data is required to be submitted by the applicant to the Floodplain Administrator. The elevation certificate is prepared by or under the direct supervision of a registered land surveyor and certified by the same.
1. Upon completion of construction of an elevated structure constructed on fill, a fill report is required to be submitted to the Floodplain Administrator to verify the required standards were met, including compaction.
2. Upon completion of construction of a floodproofing measure, a floodproofing certificate is required to be submitted by the applicant to the Floodplain Administrator. The floodproofing certificate is prepared by or under the direct supervision of a registered professional engineer or architect and certified by same.
(3) Duties and responsibilities of the Floodplain Administrator. The Floodplain Administrator is authorized to enforce the provisions of this section. The Floodplain Administrator is authorized to render interpretations of this section consistent with its intent and purpose. Duties and responsibilities of the Floodplain Administrator include:
(a) Enforce the provisions of this chapter;
(b) Evaluate application for permits to develop in special flood hazard areas to assure that the permit requirements of this chapter have been satisfied;
(c) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information;
(d) Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met or refuse to issue the same in the event of noncompliance;
(e) Advise permittee that additional federal, state and/or local permits may be required. If specific federal, state and/or local permits are known, require that copies of such permits be provided and maintained on file with the floodplain development permit;
(f) Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations;
(g) For applications to improve structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator:
1. Verifies and documents the market value of the pre-damaged or pre-improved structure;
2. Compares the cost to perform the improvement; or the cost to repair a damaged building to its pre-damaged condition; or, the combined costs of improvements and repair, if applicable, to the market value of the pre-damaged or pre-improved structure. The cost of all work must be included in the project costs, including work that might otherwise be considered routine maintenance. Items/activities that must be included in the cost in keeping with guidance published by FEMA to ensure compliance with the NFIP and to avoid any conflict with future flood insurance claims of policyholders within the community;
3. Determines and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of "substantial improvement' for proposed work to repair damage caused by flood, the determination requires evaluation of previous permits issued to repair flood-related damage as specified in the definition of substantial damage; and
4. Notifies the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the applicable general and specific standards in §§ 154.110 to 154.113 of this chapter are required:
(h) Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse and submit copies of such notifications to FEMA;
(i) Ensure that construction authorization has been granted by IDNR for all development projects subject to division (F)(5) and (7)(a) of this chapter and maintain a record of such authorization (either copy of actual permit/authorization or floodplain analysis/regulatory assessment);
(j) Verify the upstream drainage area of any proposed development site near any watercourse not identified on a FEMA map to determine if division (E)(3)(a) is applicable;
(k) Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished;
(l) Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with division (E)(2);
(m) Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed in accordance with division (E)(2);
(n) Make on-site inspections of projects in accordance with division (E)(4);
(o) Coordinate with insurance adjusters prior to permitting any proposed work to bring any flooddamaged structure covered by a standard flood insurance policy into compliance (either a substantially damaged structure or a repetitive loss structure) to ensure eligibility for ICC funds;
(p) Ensure that an approved connection to a public sewer system or an approved on-site septic system is planned for any structures (residential or nonresidential) to be equipped with plumbing;
(q) Provide information, testimony, or other evidence as needed during variance hearings;
(r) Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in accordance with division (E)(4);
(s) Maintain for public inspection and furnish upon request local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, Letters of Map Change (LOMC), copies of DNR permits, letters of authorization, and floodplain analysis and regulatory assessments (letters of recommendation), federal permit documents, and "as-built" elevation and floodproofing data for all buildings constructed subject to this section;
(t) Coordinate map maintenance activities and associated FEMA follow-up in accordance with division (E)(5);
(u) Utilize and enforce all Letters of Map Change (LOMC) or Physical Map Revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community;
(v) Request any additional information which may be necessary to determine the disposition of a proposed development or structure with respect to the requirements of this chapter.
(4) Administrative procedures.
(a) Inspections of work in progress. As the work pursuant to a permit progresses, the Floodplain Administrator makes as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and terms of the permit. In exercising this power, the administrator has a right, upon presentation of proper credential, to enter on any premises within the territorial jurisdiction at any reasonable hour for the purposes of inspection or other enforcement action.
(b) Stop work orders.
1. Upon notice from the Floodplain Administrator, work on any building, structure or premises done contrary to the provisions of this section must immediately cease.
2. The notice is in writing and given to the owner of the property, or to his or her agent, or to the person doing the work, and states the conditions under which work may be resumed.
(c) Revocation of permits.
1. The Floodplain Administrator may revoke a permit or approval, issued under the provisions of the ordinance, in cases where there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.
2. The Floodplain Administrator may revoke a permit upon determination by the Floodplain Administrator that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this chapter.
(d) Floodplain management records.
1. Regardless of any limitation on the period required for retention of public records, records of actions associated with the administration of this chapter must be kept on file and maintained under the direction of the Floodplain Administrator in perpetuity. These records include permit applications, plans, certifications, Flood Insurance Rate Maps; Letter of Map Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations required by this chapter; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this chapter.
2. These records are available for public inspection at the Bargersville Town Hall at 24 N. Main Street, Bargersville, IN 46106.
(e) Periodic inspection. Once a project is completed, periodic inspections may be conducted by the Floodplain Administrator to ensure compliance. The Floodplain Administrator has a right, upon presentation of proper credential, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.
(5) Map maintenance activities. To meet NFIP minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the Town of Bargersville flood maps, studies, and other data identified in division (E)(2) accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
(a) Requirement to submit new technical data.
1. For all development proposals that impact floodway delineations or base flood elevations, the community ensures that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
a. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
b. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
c. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and subdivision or large-scale development proposals requiring the establishment of base flood elevations.
2. It is the responsibility of the applicant to have required technical data for a Conditional Letter of Map Revision or Letter of Map Revision and submitted to FEMA. The Indiana Department of Natural Resources will review the submittals as part of a partnership with FEMA. The submittal should be mailed to the Indiana Department of Natural Resources at the address provided on the FEMA form (MT-2) or submitted through the online Letter of Map Change website. Submittal and processing fees for these map revisions are the responsibility of the applicant.
3. The Floodplain Administrator requires a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for proposed floodway encroachments that increase the base flood elevation.
4. Floodplain development permits issued by the Floodplain Administrator are conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to this section.
(b) Right to submit new technical data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission includes appropriate supporting documentation made in writing by the Town Council of the Town of Bargersville and may be submitted to FEMA at any time.
(c) Annexation/detachment. Upon occurrence, the Floodplain Administrator notifies FEMA in writing whenever the boundaries of the Town of Bargersville have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the Johnson County, Indiana, and Incorporated Areas Flood Insurance Rate Map accurately represent the Town of Bargersville boundaries, include within such notification a copy of a map of the Town of Bargersville suitable for reproduction, clearly showing the new corporate limits or the new area for which the Town of Bargersville has assumed or relinquished floodplain management regulatory authority.
(6) Variance procedures.
(a) The BZA hears and decides appeals and requests for variances from requirements of this section.
(b) The BZA hears and decides appeals when it is alleged an error in any requirement, decision, or determination is made by the Floodplain Administrator in the administration of this section. Any person aggrieved by the decision of the BZA may appeal the decision to the Johnson County Circuit Court.
(c) In acting upon applications, the BZA considers all technical evaluations, relevant factors, standards specified in other sections of this chapter, and:
1. The danger of life and property due to flooding or erosion damage;
2. The danger that materials may be swept onto other lands to the injury of others;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity of the facility to a waterfront location, where applicable;
6. The compatibility of the proposed use with existing and anticipated development;
7. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
8. The safety of access to the property in times of flood for ordinary and emergency vehicles;
9. The expected height, velocity, duration, rate of rise, and sediment of transport of the floodwaters at the site;
10. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(d) A written report addressing each of the above factors is submitted with the application for a variance.
(e) Variances from the provisions of this chapter are only be granted when the board can make positive findings of fact based on evidence submitted at the hearing for the following:
1. A showing of good and sufficient cause.
2. A determination that failure to grant the variance results in exceptional hardship.
3. A determination that granting the variance does not increase flood heights, increase threats to public safety, add extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.
(f) No variance for a residential use within a floodway subject to divisions (F)(5) and (7)(a) of this section may be granted.
(g) Any variance granted in a floodway subject to divisions (F)(5) and (7)(a) of this article requires a permit from IDNR.
(h) Variances to the provisions for flood hazard reduction of division (E)(2) are granted only when a new structure is located on a lot 0.5 acres or less in size, contiguous to and surrounded by lots with existing structures constructed below the FPG.
(i) Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an "historic structure" and the variance is the minimum to preserve the historic character and design of the structure.
(j) Variances may be issued for new construction, substantial improvements, and other development necessary for the conduct of a functionally dependent use.
(k) Variances are only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(l) Upon consideration of the factors listed above and the purposes of this chapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(m) Any applicant to whom a variance is granted is given written notice specifying the difference between the Flood Protection Grade and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(n) The Floodplain Administrator maintains the records of appeal actions and report any variances to the Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request.
(F) Provisions for flood hazard reduction.
(1) Floodplain status standards.
(a) Floodways (riverine). Located within SFHAs, established in division (E)(2), are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and has erosion potential. Under the provisions of the Flood Control Act (I.C. 14-28-1) a permit for construction in a floodway from the Indiana Department of Natural Resources is required prior to the issuance of a local building permit for any excavation, deposit, construction, or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing, and paving undertaken before the actual start of construction of the structure. General licenses and exemptions to the requirements of the Flood Control Act (I.C. 14-28-1 and 312 IAC 10) may apply to qualified additions/improvements to existing lawful residential structures, rural bridges, logjam removals, wetland restoration, utility line crossings, outfall projects, creek rock removal, and prospecting.
1. If the site is in a regulatory floodway as established in division (E)(2), the Floodplain Administrator requires the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources and apply for approval for construction in a floodway, provided the activity does not qualify for a general license or exemption (I.C. 14-28-1 or 312 IAC 10).
2. No action can be taken by the Floodplain Administrator until approval has been granted by the Indiana Department of Natural Resources for construction in the floodway, or evidence provided by an applicant that the development meets specified criteria to qualify for a general license or exemption to the requirement of the Flood Control Act. The floodplain development permit must meet the provisions contained in this section.
3. The Floodplain Development Permit cannot be less restrictive than an approval issued for construction in a floodway issued by the Indiana Department of Natural Resources, or the specified criteria used to qualify for a general license or exemption to the Flood Control Act for a specific site/project. However, a community's more restrictive regulations (if any) takes precedence.
4. In floodway areas identified on the FIRM, development cannot cause an increase in flood levels during the occurrence of the base flood discharge without first obtaining a Conditional Letter of Map Revision and meeting requirements of division (E)(5)(a). A Conditional Letter of Map Revision cannot be issued for development that would cause an increase in flood levels affecting a structure and such development should not be permitted.
5. In floodway areas identified by the Indiana Department of Natural Resources through detailed or approximate studies but not yet identified on the effective FIRM as floodway areas, the total cumulative effect of the proposed development, when combined with all other existing and anticipated development, cannot adversely affect the efficiency of, or unduly restrict the capacity of the floodway. This adverse effect is defined as an increase in the elevation of the regulatory flood of at least 0.15 foot as determined by comparing the regulatory flood elevation under the project condition to that under the natural or pre-floodway condition as proven with hydraulic analyses.
6. For all projects involving channel modifications or fill (including levees) the town submits the data and request that the Federal Emergency Management Agency revise the regulatory flood data per mapping standard regulations found at 44 CFR 65.12.
(b) Fringe (riverine). If the site is in the fringe (either identified on the FIRM or identified by the Indiana Department of Natural Resources through detailed or approximate studies and not identified on a FIRM), the Floodplain Administrator may issue the local floodplain development permit provided the provisions contained in this section have been met.
(c) SFHAs without established base flood elevation and/or floodways/fringes (riverine).
1. Drainage area upstream of the site is greater than one square mile:
a. If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined, and the drainage area upstream of the site is greater than one square mile, the Floodplain Administrator requires the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources for review and comment.
b. No action can be taken by the Floodplain Administrator until written approval from the Indiana Department of Natural Resources (approval for construction in a floodway, letter of authorization, or evidence of general license qualification) or a floodplain analysis/regulatory assessment citing the one-percent annual chance flood elevation and the recommended flood protection grade has been received from the Indiana Department of Natural Resources.
c. Once the Floodplain Administrator has received the proper written approval, evidence of general license qualification, or floodplain analysis/regulatory assessment approving the proposed development from the Indiana Department of Natural Resources, a floodplain development permit may be issued, provided the conditions of the Floodplain Development Permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in this section have been met.
2. Drainage area upstream of the site is less than one square mile:
a. If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the Floodplain Administrator requires the applicant to provide an engineering analysis showing the limits of the floodplain and one-percent annual chance flood elevation for the site.
b. Upon receipt, the Floodplain Administrator may issue the local floodplain development permit, provided the provisions contained in this section have been met.
(d) SFHAs not identified on a map.
1. If a proposed development site is near a waterway with no SFHA identified on a map, the Floodplain Administrator verifies the drainage area upstream of the site. If the drainage area upstream of the site is verified as being greater than one square mile, the Floodplain Administrator requires the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources for review and comment.
2. No action can be taken by the Floodplain Administrator until written approval from the Indiana Department of Natural Resources (approval for construction in a floodway, letter of authorization, or evidence of general license qualification) or a floodplain analysis/regulatory assessment citing the one-percent annual chance flood elevation and the recommended flood protection grade has been received from the Indiana Department of Natural Resources.
3. Once the Floodplain Administrator has received the proper written approval, evidence of general license qualification, or floodplain analysis/regulatory assessment approving the proposed development from the Indiana Department of Natural Resources, a floodplain development permit may be issued, provided the conditions of the floodplain development permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in this section have been met.
(2) General standards. In all areas of special flood hazard, the following provisions are required:
(a) All new construction, reconstruction, or repairs made to a repetitive loss structure, and substantial improvements must be anchored to prevent flotation, collapse or lateral movement of the structure.
(b) New construction and substantial improvements must be constructed with materials and utility equipment resistant to flood damage below the FPG.
(c) New construction and substantial improvements must incorporate methods and practices that minimize flood damage.
(d) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities must be located at/above the FPG for residential structures. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities must be located at/above the FPG or designed so as to prevent water from entering or accumulating within the components below the FPG for non-residential structures. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG.
(e) New and replacement water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the system.
(f) New and replacement sanitary sewage systems must be designed to minimize or eliminate infiltration of floodwaters into the system.
(g) On-site waste disposal systems must be located and constructed to avoid impairment to them or contamination from them during flooding.
(h) Any alteration, repair, reconstruction, or improvements to a structure that is in compliance with the provisions of this chapter must meet the requirements of "new construction" as contained in this chapter.
(i) Base flood elevation data must be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions), which is greater than the lesser of 50 lots or five acres.
(j) Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this chapter applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development.
(k) Fill projects that do not involve a structure must be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes cannot be steeper than three feet horizontal to one foot vertical.
(l) Non-conversion agreements are required for all new or substantially improved elevated structures with an enclosure beneath the elevated floor, accessory structures, and open-sided shelters.
(m) Construction of new solid waste disposal facilities, hazard waste management facilities, salvage yards, and chemical storage facilities are not permitted in areas of special flood hazard.
(n) Whenever any portion of the SFHA is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the BFE must be compensated for and balanced by an equivalent volume of excavation taken below the BFE. The excavation volume must be at least equal to the volume of storage lost (replacement ratio of one to one) due to the fill or structure.
1. The excavation takes place in the same floodplain on the same property on which the authorized fill or structure is located, provided sufficient space exists. If sufficient space does not exist on the same property, the excavation takes place in the same floodplain no further than 1,000 feet from the site of the authorized fill or structure, provided authorization/permission has been granted by the owners of any property where the excavation is proposed.
2. Under certain circumstances, the excavation may be allowed to take place outside of but adjacent to the floodplain provided that the excavated volume will be below the regulatory flood elevation, will be in the same property in which the authorized fill or structure is located, will be accessible to the regulatory floodwater, will not be subject to ponding when not inundated by floodwater, and that it must not be refilled.
3. The excavation provides for true storage of floodwater but cannot be subject to ponding when not inundated by floodwater.
4. The excavation must be sufficiently stabilized and compacted to remain firm and resist erosion.
5. A restrictive covenant stating the approved compensatory cut area (excavation) cannot be altered without approval from the Floodplain Administrator must be executed and recorded in the County Recorder's Office that runs with the property.
6. The fill or structure cannot obstruct a drainage way leading to the floodplain.
7. The grading around the excavation must be such that the excavated area is accessible to the regulatory floodwater.
8. The fill or structure must be of a material deemed stable enough to remain firm and in place during periods of flooding and must include provisions to protect adjacent property owners against any increased runoff or drainage resulting from its placement. When a structure is placed on fill it must follow additional requirements of division (F)(4)(d) and(5)(d).
9. Plans depicting the areas to be excavated and filled must be submitted prior to the actual start of construction or any site work; once site work is complete, but before the actual start of construction, the applicant provides to the Floodplain Administrator a certified survey of the excavation and fill sites demonstrating the fill and excavation comply with this section.
(3) Specific standards - building protection requirement. In addition to the general standards described in division (F)(2), structures to be located in the SFHA must be protected from flood damage below the FPG. This building protection requirement applies to the following situations:
(a) Construction or placement of a residential structure;
(b) Construction or placement of a nonresidential structure;
(c) Addition or improvement made to an existing structure where the cost of the addition or improvement equals or exceeds 50% of the value of the existing structure (excluding the value of the land). An addition and/or improvement project that is continuous in scope or time is considered as one project for permitting purposes;
(d) Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to its before damaged condition equals or exceeds 50% of the market value of the structure (excluding the value of the land) before damage occurred (the costs of any proposed additions or improvements beyond restoring the damaged structure to its before damaged condition must be included in the cost);
(e) Installing a travel trailer or recreational vehicle on a site for more than 180 days;
(f) Reconstruction or repairs made to a repetitive loss structure;
(g) Addition or improvement made to any existing structure with a previous repair, addition or improvement constructed since the community's first floodplain ordinance.
(4) Specific standards - residential construction.
(a) New construction or substantial improvement of any residential structures must meet provisions described in division (F)(1) and applicable general standards described in division (F)(2).
(b) In Zone A and Zone AE, new construction or substantial improvement of any residential structure must have the lowest floor; including basement, at or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters must be provided in accordance with the standards of division (F)(4)(c). Should fill be used to elevate a structure, the standards of division (F)(4)(d) must be met.
(c) Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade must meet the following requirement:
1. Designed to preclude finished living space and designed to allow for the automatic entry and exit of floodwaters to equalize hydrostatic flood forces on exterior walls. Flood openings must be designed and installed in compliance with criteria set out in FEMA Technical Bulletin 1. Engineered flood openings must be designed and certified by a registered design professional (requires supporting engineering certification or make/model specific ICC-ES Report), or meet the following criteria for non-engineered flood openings:
a. Provide a minimum of two openings on different sides of an enclosure. If there are multiple enclosed areas, each is required to meet the requirements for enclosures, including the requirement for flood openings in exterior walls;
b. The bottom of all openings must be no more than one foot above the higher of the final interior grade (or floor) and the finished exterior grade immediately under each opening;
c. If the floor of the enclosure is below the BFE, the openings must be located wholly below the BFE;
d. If the floor of the enclosure is at or above the BFE, but below the FPG, the openings must be located wholly below the FPG;
e. Doors and windows do not qualify as openings;
f. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions;
g. Openings are to be not less than three inches in any direction in the plane of the wall. This requirement applies to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device.
2. The floor of such enclosed area must be at or above grade on at least one side.
(d) A residential structure may be constructed on a fill in accordance with the following:
1. Fill must be placed in layers no greater than one foot deep before compacting to 95% of the maximum density obtainable with either the Standard or Modified Proctor Test method. The results of the test showing compliance must be retained in the permit file.
2. Fill must extend ten feet beyond the foundation of the structure before sloping below the BFE.
3. Fill must be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes cannot be steeper than three feet horizontal to one foot vertical.
4. Fill must not adversely affect the flow of surface drainage from or onto neighboring properties.
5. Fill must be composed of clean granular or earthen material.
(e) A residential structure may be constructed using a stem wall foundation (also called chain wall, raised-slab-on-grade, and slab-on-stem-wall-with-fill). Any backfilled stem wall foundation (also called chain wall, raised-slab-on-grade, and slab-on-stem-wall-with-fill) must be backfilled with compacted structural fill, concrete, or gravel that supports the floor slab. No flood openings are required for this type of construction.
(5) Specific standards - non-residential construction.
(a) New construction or substantial improvement of any non-residential structures (excludes accessory structures) must meet provisions described in Article 5, Section A and applicable general standards described in division (F)(2).
(b) In Zone A and Zone AE, new construction, or substantial improvement of any commercial, industrial, or non-residential structure (excludes accessory structures) must either have the lowest floor, including basement and, elevated to or above the FPG or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters must be provided in accordance with the standards of division (F)(5)(c). Should fill be used to elevate a structure, the standards of division (F)(5)(d) must be met.
(c) Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade must meet the following requirement:
1. Designed to preclude finished living space and designed to allow for the automatic entry and exit of floodwaters to equalize hydrostatic flood forces on exterior walls. Flood openings must be designed and installed in compliance with criteria set out in FEMA Technical Bulletin 1. Engineered flood openings must be designed and certified by a registered design professional (requires supporting engineering certification or make/model specific ICC-ES Report), or meet the following criteria for non-engineered flood openings:
a. Provide a minimum of two openings on different sides of an enclosure. If more than one enclosed area is present, each must have openings on exterior walls (having a total net area of not less than one square inch for every one square foot of enclosed area).
b. The bottom of all openings must be no more than one foot above the higher of the final interior grade (or floor) and the finished exterior grade immediately under each opening.
c. Doors and windows do not qualify as openings.
d. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
e. Openings are to be not less than three inches in any direction in the plane of the wall. This requirement applies to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device.
2. The floor of such enclosed area must be at or above grade on at least one side.
3. The interior portion of such enclosed area cannot be partitioned or finished into separate rooms.
(d) A nonresidential structure may be constructed on a permanent land fill in accordance with the following:
1. Must be placed in layers no greater than one foot deep before compacting to 95% of the maximum density obtainable with either the Standard or Modified Proctor Test method. The results of the test showing compliance must be retained in the permit file;
2. Must extend ten feet beyond the foundation of the structure before sloping below the BFE;
3. Must be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes cannot be steeper than three feet horizontal to one foot vertical;
4. Cannot adversely affect the flow of surface drainage from or onto neighboring properties;
5. Must be composed of clean granular or earthen material.
(e) A nonresidential structure may be floodproofed in accordance with the following:
1. A registered professional engineer or architect certifies the structure has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design takes into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. The certification is provided to the Floodplain Administrator.
2. Floodproofing measures must be operable without human intervention and without an outside source of electricity.
(f) A nonresidential structure may be constructed using a stem wall foundation (also called chain wall, raised-slab-on-grade, and slab-on-stem-wall-with-fill). Any backfilled stem wall foundation must be backfilled with compacted structural fill, concrete, or gravel that supports the floor slab. No flood openings are required for this type of construction.
(6) Specific standards - manufactured homes and recreational vehicles.
(a) These requirements apply to all manufactured homes to be placed on a site in the SFHA:
1. The manufactured home must be elevated on a permanent foundation such that the lowest floor must be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
2. Fully enclosed areas formed by foundation and other exterior walls below the FPG must be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in division (F)(4)(c).
3. Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.
(b) Recreational vehicles placed on a site in the SFHA must either:
1. Be on site for less than 180 days and be fully licensed and ready for use on a public highway (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or
2. Meet the requirements for "manufactured homes" as stated earlier in this section.
(7) Specific standards - accessory structures. Within SFHAs, new construction or placement of an accessory structure must meet the following standards:
(a) Must have a floor area of 400 square feet or less;
(b) Use is limited to parking of vehicles and limited storage;
(c) Cannot be used for human habitation;
(d) Must be constructed of flood resistant materials;
(e) Must be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
(f) Must be firmly anchored to prevent flotation;
(g) Service facilities such as electrical and heating equipment must be elevated or floodproofed to or above the FPG;
(h) Must be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in division (F)(5)(c);
(i) Cannot have subsequent additions or improvements that would preclude the structure from its continued designation as an accessory structure.
(8) Specific standards - free-standing pavilions, gazebos, decks, carports, and similar development. Within SFHAs, new construction or placement of free-standing pavilions, gazebos, decks, carports, and similar development must meet the following standards:
(a) Must have open sides (having not more than one rigid wall);
(b) Must be anchored to prevent flotation or lateral movement;
(c) Must be constructed of flood resistant materials below the FPG;
(d) Any electrical, heating, plumbing and other service facilities must be located at/above the FPG;
(e) Cannot have subsequent additions or improvements that would preclude the development from its continued designation as a free-standing pavilion, gazebo, carport, or similar open-sided development.
(9) Specific standards - above ground gas or liquid storage tanks. Within SFHAs, all newly placed aboveground gas or liquid storage tanks must meet the requirements for a non-residential structure as required in division (F)(5).
(10) Standards for subdivision and other new developments.
(a) All subdivision proposals and all other proposed new development must be consistent with the need to minimize flood damage.
(b) All subdivision proposals and all other proposed new development must have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
(c) All subdivision proposals and all other proposed new development must have adequate drainage provided to reduce exposure to flood hazards.
(d) In all areas of special flood hazard where base flood elevation data area not available, the applicant provides a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and all other proposed new development (including manufactured home parks and subdivisions), which is greater than the lesser of 50 lots or five acres, whichever is less.
(e) All subdivision proposals must minimize development in the SFHA and/or limit density of development permitted in the SFHA.
(f) All subdivision proposals must ensure safe access into/out of SFHA for pedestrians and vehicles (especially emergency responders).
(g) Streets, blocks lots, parks and other public grounds must be located and laid out in such a manner as to preserve and utilize natural streams and channels. Wherever possible the floodplains must be included within parks or other public grounds.
(11) Standards for critical facilities. Construction of new critical facilities must be, to the extent possible, located outside the limits of the SFHA. Construction of new critical facilities must be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA must have the lowest floor elevated to or above the FPG at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the FPG must be provided to all critical facilities to the extent possible.
(Ord. 2022-17, passed 7-19-2022)
§ 154.037 ARTERIAL CORRIDOR OVERLAY.
(A) Purpose and intent. The Comprehensive Plan identifies certain arterial roadways as important gateways and areas of economic opportunity. Additionally, these streets serve a vital traffic carrying function for Bargersville and surrounding communities. The intent of the Arterial Corridor Overlay District is to establish specific requirements to preserve roadway capacity and safety; ensure that development does not inhibit future improvements to these roadways; minimize individual driveway access; protect property values along the corridors; promote economic development; minimize distractions and establish a high quality and inviting image at the entrances to the community.
(B) Applicability.
(1) Boundaries. The Arterial Corridor Overlay District applies to all property along the entire length and within 500 feet of the centerline on either side of SR 135, SR 37, and CR 144. If any parcel, building, structure, or improvement is only partially located within the overlay district, then the provisions of this overlay apply to the entire parcel, building, structure, or improvement, unless otherwise waived by the Plan Commission.
(2) Relation to underlying district. The requirements of this district amend and supersede those imposed on the same lands by the underlying districts.
(3) Regulated development. The regulations of this overlay district apply in the circumstances cited below.
(a) Construction of any new building or structure;
(b) Enlargement or expansion of any existing non-residential building or structure by more than 20% of its gross floor area;
(c) Proposed subdivision of land for non-residential uses; or
(d) Proposed construction or expansion of a parking lot by more than five spaces.
Farms and single-family homes are exempt from these regulations unless there is a change in use to a non-farm or non-single-family use.
(4) The BZA determines if the standards of this overlay apply to the entire lot or if they may be limited to only improvements proposed after the effective date of this chapter. The following factors are considered:
(a) The extent and location of the proposed improvements (e.g., buildings, parking, landscaping, drainage, etc.) on the parcel.
(b) The extent of conflicts in applying the standards of this overlay with existing and/or planned improvements.
(C) Uses. All uses permitted in the underlying zoning district are permitted except the following uses, that are prohibited within the overlay:
(1) Adult businesses;
(2) Bulk storage of petroleum items not used for on-site manufacturing;
(3) Manufacture, use, or storage of explosives;
(4) Manufactured home park;
(5) Manufactured home sales;
(6) Off-premise signage;
(7) Penal or correctional institution;
(8) Retail sales, service and repair, special handling;
(9) Salvage and wrecking;
(10) Sanitary landfill;
(11) Self-storage facility;
(12) Slaughterhouse or rendering plants.
(D) Spatial requirements. The minimum requirements for lot area, width, height, and setbacks for the underlying district apply, except as modified in Table 2-1.
Table 2-1: ACO Dimensional Requirements
Yard
Min. Setback1
Min. Height
Parking2
Building
Flat Roof
Pitched Roof
Front
35 ft.
35 ft.
14 ft.
16 ft.
Side3
5 ft.
20 ft.
Rear3
5 ft.
20 ft.
Notes:
1 Front setbacks along SR 135 are measured from a point 65 feet from the centerline of the street.
2 Parking refers to areas devoted to parking, drive aisles, loading facilities, vehicle maneuvering areas, and pads for trash enclosures. Entry drives into the site from the abutting street(s) or driveways/access streets connecting to adjoining properties may cross this setback area.
3 Where a side or rear yard in a non-residential district abuts a residential use in a residential district, the parking and building setbacks must be increased to a minimum of 25 feet.
(E) Site design standards.
(1) Landscaping. In addition to the landscape requirements of §§ 154.110 to 154.113, the area between the right-of-way line and the parking or building setback line, as applicable, must meet the following requirements:
(a) Trees must be planted at a rate of at least one tree per 20 linear feet of street frontage. At least 20% of the required trees must be evergreens. No more than 30% of any one species can be used.
(b) Shrubs must be planted at a rate of at least one shrub per ten linear feet of street frontage. The shrub species used must have a mature height of at least 48 inches. At least 20% of the required shrubs must be evergreens. No more than 30% of any one species can be used.
(c) Clustering of trees and shrubs is encouraged. All areas not containing trees or planter areas must be covered with grass or other living groundcover. To the extent practical, all plant material should be native plant species.
(d) Existing vegetation may be counted toward the requirements of § 154.110(D)(10).
(e) Detention/retention areas are permitted within the landscape area if they do not hamper the effectiveness of the screening provided by the landscaping. To the extent possible, detention/retention areas should have a natural shape and be integrated with the landscape design.
(2) Signs. In addition to the signage requirements of §§ 154.110 to 154.113, within the overlay freestanding signs are limited to ground signs with a maximum height of six feet. The area surrounding the base of the sign must be landscaped with shrubs, ground cover and/or other materials that complement the sign but do not obstruct visibility of the sign or vehicles entering or exiting adjacent driveways. Electronic changeable message signs may be contained within the ground sign, in accordance with the applicable requirements of §§ 154.110 to 154.113.
(3) Lighting. Site lighting should be of cohesive design, materials, and color throughout the site. Light standards cannot exceed the building height, or 25 feet, whichever is less. When light standards are within 90 feet of a residential use or district, they cannot exceed a height of 15 feet. All lighting must use concealed or shielded light fixtures.
(4) Parking. All parking requirements of §§ 154.110 to 154.113 must be met. No more than 20% of all parking spaces may be located within the front yard. All other parking must be in the side or rear yard. However, if a frontage road connecting to the adjoining properties on either side of the subject site is constructed in the front yard parallel to the arterial street, all required parking may be placed in the front yard, if a landscape greenbelt at least 15 feet wide is provided between the parking area and the frontage road (see § 154.110(G)).
(5) Other site design requirements.
(a) Outdoor storage may be permitted after special exception approval, if allowed within the underlying zoning district. The outdoor storage area must be in the rear yard and must be screened on all sides with a solid fence, wall, or landscaping (see § 154.110(H)).
(b) Loading and unloading areas are prohibited in any yard abutting a street. Loading docks cannot face a street and must be screened to block views from any adjacent street or residential district (see § 154.110(H)).
(F) Building design standards. The requirements of this section apply to all residential and non-residential buildings within the Arterial Corridor Overlay District, except single and two-family dwellings that are regulated by § 154.147.
(1) The following exterior materials are permitted within the overlay: brick, masonry, stone, glass curtain walls or glass block, or exposed aggregate, bush-hammered, sand blasted or similarly finished concrete (including precast concrete panels).
(2) At least three exterior materials, colors, or patterns are used on a building facade.
(3) Doors, windows, or other architectural features must be used to break large wall planes into smaller components. Building facades oriented to and visible from an adjacent right-of-way cannot have unbroken wall planes longer than 30% of the length of the facade.
(4) Permitted roofing materials include architectural shingles, standing seam metal, and rubber membrane (flat roofs only).
(5) Pitched roofs must have a minimum pitch of 4 (vertical units): 12 (horizontal units). Flat roofs are permitted if they are surrounded by a parapet in proportion to the supporting walls that conceals roofmounted mechanical equipment.
(6) Rooftop equipment, excluding vents and stairwell accesses, visible at ground level from the centerline of abutting public right-of-way, must be screened from view through use of parapet walls, screens, or other building elements or design features.
(7) Drive-through service windows must be placed on the side or rear building facades.
(8) Entrances to service bays for vehicle repair businesses must be oriented away from view of any arterial street. Vehicle repair and service uses must take place within a fully enclosed area of the building.
(9) Chain-link fences and unpainted or unfinished block walls are prohibited. Walls and fences visible at ground level from a public right-of-way or an adjacent parcel must be architecturally finished (i.e., brick, wood, or textured concrete masonry units).
(10) Properties with multiple tenants or multiple structures must provide pedestrian connections between tenants and structures via walks or paths at least five feet wide. Where applicable, walks or paths must align with and connect to adjacent properties.
(G) Access management standards.
(1) All driveways serving attached single-family, multi-family, commercial, office, institutional or industrial uses ("commercial driveways"), must comply with the requirements of this section.
(2) Driveway locations must minimize interference with the free movement of traffic, provide adequate sight distance, and provide the most favorable driveway grade.
(3) Driveways must be located entirely within the frontage of the premises unless otherwise approved by the town or INDOT, as applicable. Driveways, turn lanes, or acceleration/deceleration lanes located on adjoining property will not be approved unless the property containing these improvements is dedicated as public right-of-way
(5)
The minimum spacing between a commercial driveway and another commercial driveway or street intersection within the overlay is based upon posted speed limits along the parcel frontage. The minimum spacing indicated in Table 2-2. is measured from centerline to centerline of the driveways.
Table 2-2: Minimum Commercial Driveway Spacing
Posted Speed Limit (mph)
Arterial Street
Collector or Local Street
Table 2-2: Minimum Commercial Driveway Spacing
Posted Speed Limit (mph)
Arterial Street
Collector or Local Street
25
130 ft.
90 ft.
30
185 ft.
120 ft.
35
245 ft.
150 ft.
40
300 ft.
185 ft.
45
350 ft.
230 ft.
50
395 ft.
275 ft.
55
435 ft.
300 ft.
(5) To reduce left-turn conflicts, new commercial driveways must be aligned with those across the street, where possible. If alignment is not possible, driveways must be offset from those on the opposite side of the street a minimum of 250 feet along arterial streets and 150 feet along collector and local streets. These standards may be reduced by the Plan Commission where there is insufficient frontage and shared access with an adjacent site is not feasible. Longer offsets may be required depending on the expected inbound left-turn volumes of the driveways.
(6) In the case of expansion, alteration, or redesign of an existing driveway where it can be demonstrated that preexisting conditions prohibit adherence to the minimum spacing standards, the Plan Commission may modify the driveway spacing requirements. Modifications should be the minimum relief necessary. Spacing of a full-access driveway cannot be less than 75 feet, measured centerline to centerline.
(7) The number of commercial driveways serving a single property is the minimum number necessary to provide reasonable access and access for emergency vehicles, while preserving traffic operations and safety along the public street.
(8) Access must be provided for each separately owned parcel. Access may be via an individual driveway, shared driveway, or service drive. More than one driveway may be permitted for property if:
(a) It has continuous frontage sufficient to satisfy the spacing requirements of Table 2-2;
(b) The Plan Commission determines additional access can be provided without compromising traffic operations along the public street; and
(c) The Plan Commission determines there are no other reasonable access alternatives such as: shared driveways, connected parking lots, frontage roads, frontage roads or other alternate access routes.
(9) Commercial driveways must be designed according to the standards of the Town of Bargersville or INDOT, as applicable.
(10) For high traffic generators or commercial driveways along streets experiencing or expected to experience congestion, the Plan Commission may require two egress lanes to provide separate right and left turns out of the site.
(11) Where a boulevard entrance is proposed by the applicant or required by the Plan Commission, a curbed island must separate the ingress and egress lanes. The entrance must be designed to accommodate the largest vehicle to use the driveway. The island must have a minimum area of 180 square feet.
(12) Where noted above or where the Plan Commission determines reducing the number of access points is beneficial while preserving the property owner's right to reasonable access, a shared commercial driveway, or frontage road connecting two or more properties or uses may be required. Frontage roads may be required near existing traffic signals or at locations having potential for future signalization and along street segments with a relatively high number of crashes or limited sight distance.
(13) Shared commercial driveways and frontage roads must be within right-of-way or a recorded access easement. A draft of the access easement must be provided to the Plan Commission for review and approval prior to approval and recording.
(14) The Plan Commission may allow temporary access for up to 18 months where the frontage road is not completed if a financial guarantee is provided assuring the elimination of the temporary access upon completion of the frontage road (see § 154.161). Building permits cannot be issued until the financial guarantee has been submitted.
(15) Frontage roads are generally parallel to the front property line and may be located either in front of, adjacent to, or behind principal buildings. In considering the most appropriate alignment for a frontage road, the Plan Commission considers the setbacks of existing buildings and anticipated traffic flow for the site. The frontage road should be placed away from the arterial to provide safe, efficient traffic flow and operation. The distance between the roadway traffic and the first internal movement must meet the minimum requirements shown in Table 2-3. For sites with high volumes or heavy truck traffic located on high volume roadways, the required distance may be increased to avoid interference with the arterial traffic flow. If no other design alternatives exist, the Plan Commission may permit lesser separation distances if a right-in/right-out entrance is used. Interior driveways must accommodate at least 100 feet of vehicle stacking.
Table 2-3: Interior Separation of Frontage Road from Arterial
Lot Depth
Min. Required Distance
More than 1,000 ft.
200 ft.
500 ft. to 1,000 ft.
At least 20% of lot depth
Less than 500 ft.
100 ft.
(16) Access easement. If not located within public right-of-way, the frontage road must be within an access easement at least 40 feet wide permitting traffic circulation between properties. The access easement must meet the requirements of § 154.152(E).
(17) Construction standards. Frontage roads must have a curb and gutter and be constructed per the town standards for public streets, except a frontage road may have a minimum pavement width of 24 feet.
(18) Parking. The frontage road is intended exclusively for circulation and not as a parking maneuvering aisle. The Plan Commission may require the posting of "no parking" signs along the frontage road. In reviewing the site plan, the Plan Commission may permit temporary parking in the easement area where a continuous frontage road is not yet available if the layout allows removal of the parking for the future extension of the frontage road.
(19) Access to frontage road. The Plan Commission approves the location of all access points to the frontage road based on the driveway spacing standards listed in Table 2-2.
(20) Elevation. The required site plan must indicate the proposed elevation of the frontage road at the property line. The town maintains a record of all frontage road elevations so their grades can be coordinated. Once constructed, the elevation of the frontage road must be provided to the town for its records (see § 154.141).
(21) Landscaping. The area between a frontage road and the public right-of-way must be landscaped as specified in § 154.110(F).
(22) Maintenance. Each property owner is responsible for maintenance of the easement and frontage road.
(Ord. 2022-17, passed 7-19-2022)
§ 154.038 I-69 INTERCHANGE OVERLAY.
(A) General provisions.
(1) Purpose and intent. The Comprehensive Plan identifies the I-69 interchange as an important gateway into the town. The intent of the I-69 Corridor Overlay District is to establish specific requirements to promote economic development opportunities offered by the interstate and establish a high quality and inviting image at this entrance to the community.
(2) Character descriptions. Overall, the property covered by the I-69 Overlay District serves as a prominent gateway into Bargersville. Development within the overlay should include well-designed roadways, gateway signage, and cohesive signage, lighting, landscaping, and building styles and uses. Technology industries, medical or research-based businesses, and office uses are preferred. Business incubators, coworking spaces, or small maker spaces are also appropriate here. Mixed-use developments should integrate commercial, retail, and residential uses with open space. The property within the I-69 Interchange Overlay is categorized into five areas with distinct character.
(a) Area A is located west of I-69. This area is characterized by a mix of technology-focused light industrial, office, and retail uses. Technology manufacturing, research and development, and headquarters facilities are encouraged in this area. Some retail use is anticipated near the CR 144 interchange.
(b) Area B is located immediately east of I-69 both north and south of CR 144. This area is characterized by retail uses with a focus on higher end destination retail with a regional focus, such as restaurants, hotels, and regional shopping centers. The northeast quadrant of Area B may be developed for medical/institutional uses.
(c) Area C is located east of Area B, north of CR 144. This area is characterized by a mix of retail and mixed-density residential uses. Retail and commercial uses should occur in nodes at major intersections and consist of uses that serve the surrounding residential uses, such as small grocery stores, offices, clinics, and other neighborhood-oriented retail and commercial uses. Residential uses should consist of townhomes and apartments closer to CR 144 transitioning to lower density residential uses abutting the existing residential uses.
(d) Area D is located east of Area B, south of CR 144. This area is characterized by a mix of retail, mixed-density residential, and office uses. The retail uses of Area B will extend into Area D and transition to office and residential uses. Higher residential densities for townhomes and apartments are expected near CR 144 and transition to lower density residential uses moving south toward existing residential uses.
(e) Area E is located south of Area B and west of Area D. This area is characterized by a mix of technical industry and office uses near I-69 and transitioning to mixed-density residential uses and to low-density residential uses moving south toward existing residential uses.
(B) Applicability.
(1) Boundaries. The boundaries of the I-69 Interchange Overlay and its areas are illustrated on the Official Zoning Map.
(2) Relation to underlying district. The requirements of this district amend and supersede those imposed on the same lands by the underlying districts and the Arterial Corridor Overlay.
(3) Regulated development. The regulations of this overlay district apply in the following circumstances (individual single-family homes are exempt from these regulations):
(a) Construction of any new building or structure;
(b) Enlargement or expansion of any existing non-residential building or structure by more than 20% of its gross floor area; or
(c) Proposed subdivisions of land.
(4) The BZA determines if the standards of this overlay apply to the entire lot or if they may be limited to only improvements proposed after the effective date of this chapter. The following factors are considered:
(a) The extent and location of the proposed improvements (e.g., buildings, parking, landscaping, drainage, etc.) on the parcel.
(b) The extent of conflicts in applying the standards of this overlay with existing and/or planned improvements.
(C) Approval process. Due to the integrated, mixed-use nature of this district, proposed developments are approved as planned unit developments (PUD) (see § 154.180(F)). Proposed PUDs must be at least 20 acres in size. Plats and site plans following an approved PUD do not have a size limitation. Design review approval is required for all proposed developments within this overlay district.
(D) Uses. All uses permitted in the underlying zoning district are permitted except as otherwise excluded or prohibited below.
(1) Prohibited uses. The following uses are prohibited uses within the I-69 Corridor Overlay District:
(a) Adult businesses;
(b) Bulk storage of petroleum items not used for on-site manufacturing;
(c) Manufacture, use, or storage of explosives;
(d) Manufactured home park;
(e) Manufactured home sales;
(f) Off-premise signage;
(g) Penal or correctional institution;
(h) Retail sales, service and repair, special handling;
(i) Salvage and wrecking;
(j) Sanitary landfill;
(k) Self-storage facility;
(l) Slaughterhouse or rendering plants;
(m) Truck stops.
(2) Preferred uses. Uses within a proposed PUD should align with the uses associated with the character descriptions in division (A)(2) above.
(E) Spatial requirements. The spatial requirements specified in the Arterial Corridor Overlay District apply to all parcels within the I-69 Interchange Overlay District regardless of their distance from CR 144.
(F) Site design standards. The site design standards specified in the Arterial Corridor Overlay District apply to all parcels within the I-69 Interchange Overlay District regardless of their distance from CR 144.
(G) Building design standards. The building design standards specified in the Arterial Corridor Overlay District apply to all parcels within the I-69 Interchange Overlay District regardless of their distance from CR 144.
(H) Access management standards. See § 154.037(G).
(Ord. 2022-17, passed 7-19-2022)
§ 154.039 PERMITTED USES.
(A) Applicability. Buildings, structures, or land must only be used in a manner permitted in the zoning districts where they are located. Buildings or structures must be erected, reconstructed, or structurally altered in compliance with this chapter.
(B) Land use specified. Each land use is classified as a permitted, not permitted, or a special exception use for each zoning district in the use tables of this chapter (the "Use Table") or elsewhere in this chapter.
(C) Special exception uses. A special exception use requires a greater degree of review because of its potential impact upon the immediate neighborhood and the community. The BZA reviews a special exception petition's characteristics and impacts to determine its suitability in each location for those Zoning Districts in which it is permitted. Special exception approval is subject to a public hearing and review by the BZA (see § 154.180(H)).
(D) Unlisted or questionable land uses. If a land use is not specifically listed on the Permitted Use Table, the Administrator determines the land use classification of the use. This determination is appealable to the BZA (see § 154.180(C)).
(E) Primary use classifications, categories and specific use types.
(1) Primary use classifications. All primary land uses in the Permitted Use Table are organized into one of the following five general land use classifications:
(a) Residential uses;
(a) Civic, public and institutional uses;
(b) Commercial sales, service and repair uses;
(c) Industrial, manufacturing and wholesale uses;
(d) Agriculture.
(2) Primary use categories and specific use types. Primary uses are further organized into use categories and specific use types under each general classification. The Permitted Use Table is organized into the above five general land use classifications, use categories and specific use types.
(3) Classifications and categories are mutually exclusive. The general land use classifications and use categories listed in the Permitted Use Table are mutually exclusive. For example, the use "Lodging Accommodations," cannot be classified in a different use category, such as "Group Living," unless otherwise expressly allowed by this chapter.
(F) Explanation of table cell entries. Each of the cells on the Permitted Use Table indicates whether a use is permitted or not and what limitations apply to the specific use. Items listed in the Use Limitations column refer to conditions for a specific use (see § 154.040).
(1) Permitted use ("P"). A "P" in a table cell indicates the use is permitted in the respective zone district and subject to compliance with the use limitations referenced in the second column of the Permitted Use Table (Use Limitation Notes).
(2) Use not permitted (blank cell). A blank table cell indicates the use is not permitted in the zone district.
(3) Use subject to special exception review ("S"). An "S" in a table cell indicates the use is generally appropriate in the neighborhood context and zone district. Special exception uses may have the potential for limited impacts on adjacent properties or on the established character of the neighborhood context or zone district. "S" uses are subject to BZA public hearing according to special exception review, which grants the BZA the authority to impose conditions on the specified use to mitigate any potential impacts. Such uses must comply with any applicable use limitations noted in the condition column of the Permitted Use Table Use Limitation Notes), as well as the review criteria stated in § 154.180.
(Ord. 2022-17, passed 7-19-2022)
§ 154.040 PERMITTED USE TABLE.
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
RESIDENTIAL PRIMARY USES
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
RESIDENTIAL PRIMARY USES
Household Living
Dwelling - Single-Family Detached: Standard
P
P
P
P
P
P
P
S
P
Min. 2 spaces/unit
Dwelling - Single-Family Detached: Compact
S
P
P
P
S
P
Min . 2 spaces/unit
Dwelling - Duplex
S
P
P
P
S
P
Min. 1.25 spaces/unit
Dwelling - Bungalow Court
S
P
P
P
P
Min. 1.25 spaces/unit
Dwelling - Townhouse
S
P
P
P
P
Min. 1.25 spaces/unit
Dwelling - Apartment Building: Small
S
P
P
P
P
Min. 1.25 spaces/unit
Dwelling - Apartment Building: Large
P
P
P
Min. 1.25 spaces/unit
Accessory Dwelling Unit
§154.060
P
P
P
P
P
P
P
S
P
Min. 1 space/unit
Live/Work Dwelling
§154.041(A)
P
P
Min. 1.25 spaces/unit
Manufactured Home Parks
§154.067
Min. 2 spaces/unit
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
RESIDENTIAL PRIMARY USES (CONT’D)
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
RESIDENTIAL PRIMARY USES (CONT’D)
Household Living (Cont’d)
Residence for Older Adults
S
P
P
Min. 0.75 spaces/unit
Upper Story Residential
P
P
P
Min. 1 space/unit
Group Living
Assisted Living Facilities
S
P
P
S
P
0.83 spaces/unit
Childcare Home
P
P
P
P
P
P
P
S
S
0.28 spaces/unit
Fraternity, Sorority, or Student Housing
S
S
1.38 spaces/unit
Group Residential Facility
S
S
S
S
S
0.28 spaces/unit
Nursing Home, Hospice
S
S
S
P
0.83 spaces/unit
Rooming or Boarding House
S
S
S
S
5.5 spaces/1,000 sq. ft. GFA
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
CIVIC, PUBLIC, AND INSTITUTIONAL PRIMARY USES
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
CIVIC, PUBLIC, AND INSTITUTIONAL PRIMARY USES
Basic Utilities
Utility, Major Impact
§154.041(B)
S
P
S
P
.55 spaces/1,000 sq. ft. GFA
Utility, Minor Impact
§154.041(C)
S
S
P
S
P
S
S
.55 spaces/1,000 sq. ft. GFA
Community/Public Services
Cemetery
§154.041(D)
P
P
P
P
1.1 spaces/1,000 sq. ft. GFA
Childcare Facilities
§154.063
S
S
P
S
S
P
1.1 spaces/1,000 sq. ft. GFA
Community Center
§154.041(E)
S
P
P
P
P
P
P
P
P
P
S
P
.55 spaces/1,000 sq. ft. GFA
Correctional Institution
§154.041(II)
S
S
4.4 spaces/1,000 sq. ft. GFA
Fairgrounds
S
S
S
No requirement
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
CIVIC, PUBLIC, AND INSTITUTIONAL PRIMARY USES (CONT’D)
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
CIVIC, PUBLIC, AND INSTITUTIONAL PRIMARY USES (CONT’D)
Community/Public Services (Cont’d)
Golf Courses and Country Clubs
P
S
S
S
1.1 spaces/1,000 sq. ft. GFA
Hospital, Major
§154.041(DD)
S
S
1.1 spaces/2 beds
Hospital, Minor
§154.041(DD)
S
S
P
S
S
P
2.2 spaces/1,000 sq. ft. GFA
Libraries, Museums, and Cultural Facilities
S
P
P
P
S
P
P
P
1 space/1,000 sq. ft. GFA
Municipal and Government Buildings
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
1.1 spaces/125 sq. ft. GFA
Parks and Playgrounds
§154.041(F)
P
P
P
P
P
P
P
P
P
P
P
P
1.1 spaces/50 sq. ft. GFA
Education
Colleges and Universities
S
S
S
S
1.1 spaces/1,000 sq. ft. GFA
Commercial Studios
P
P
P
P
1.1 spaces/1,000 sq. ft. GFA
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
CIVIC, PUBLIC, AND INSTITUTIONAL PRIMARY USES (CONT’D)
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
CIVIC, PUBLIC, AND INSTITUTIONAL PRIMARY USES (CONT’D)
Education (Cont’d)
Vocational Schools
P
P
S
P
1.1 spaces/1,000 sq. ft. GFA
Public and Religious Assembly
Banquet Facilities and Reception Halls
§154.041(G)
S
P
S
P
.55 spaces/1,000 sq. ft. GFA
Club or Lodge
§ 154.041(G)
P
P
S
.55 spaces/1,000 sq. ft. GFA
Places of Worship
§ 154.041(G)
S
S
S
S
S
S
S
P
S
P
S
P
.55 spaces/1,000 sq. ft. GFA
Public and Religious Assembly, All Others
§ 154.041(G)
P
S
P
S
P
.55 spaces/1,000 sq. ft. GFA
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
COMMERCIAL SALES, SERVICES, AND REPAIR PRIMARY USES (CONT'D)
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
COMMERCIAL SALES, SERVICES, AND REPAIR PRIMARY USES (CONT'D)
Adult Business
All Types
§154.061
S
S
1.1 spaces/125 sq. ft. GFA
Arts, Recreation and Entertainment
Arts, Recreation, Entertainment, Indoor
§154.041(H)
S
S
S
S
S
S
S
P
S
P
S
S
S
P
P
2.75 spaces/1,000 sq. ft. GFA
Arts, Recreation, Entertainment, Outdoor
§154.041(CC), (DD)
S
S
S
S
S
S
S
2.75 spaces/1,000 sq. ft. GFA
Sports and/or Entertainment Arena or Stadium
§154.041(X), (CC)
S
P
S
S
S
S
1.1 spaces/4 seats or 1.1 spaces/40 sq. ft. GFA
Parking of Vehicles
Parking Garage
§154.041(K)
S
S
S
No requirement
Parking Lot
S
S
S
No requirement
Eating and Drinking Establishments
Restaurants - Class A (table service)
P
P
P
S
S
P
P
5.5 spaces/1,000 sq. ft. GFA
Restaurants - Class B (counter service, no drive-thru)
P
P
P
P
S
P
P
5.5 spaces/1,000 sq. ft. GFA
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
COMMERCIAL SALES, SERVICES, AND REPAIR PRIMARY USES (CONT’D)
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
COMMERCIAL SALES, SERVICES, AND REPAIR PRIMARY USES (CONT’D)
Eating and Drinking Establishments (Cont’d)
Restaurants - Class C (counter service w/drive-thru)
S
S
P
P
S
S
P
5.5 spaces/1,000 sq. ft. GFA
Taverns
S
P
P
S
5.5 spaces/1,000 sq. ft. GFA
Winery and Microbrewery
P
S
P
S
5.5 spaces/1,000 sq. ft. GFA
Lodging Accommodations
Bed and Breakfast Establishments
S
S
S
S
S
1.1 spaces/room
Hotel or Motel
P
S
P
1.1 spaces/room
Office
Dental/Medical Office or Clinic
§154.041(L)
P
P
P
P
S
2.2 spaces/1,000 sq. ft. GFA
Medical Clinic, Special Handling
§154.041(M)
S
2.2 spaces/1,000 sq. ft. GFA
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
COMMERCIAL SALES, SERVICES, AND REPAIR PRIMARY USES (CONT’D)
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
COMMERCIAL SALES, SERVICES, AND REPAIR PRIMARY USES (CONT’D)
Office (Cont’d)
Research and Development Offices
§154.041(AA)
P
P
P
S
2.2 spaces/1,000 sq. ft. GFA
Office, All Others
P
P
P
P
P
2.2 spaces/1,000 sq. ft. GFA
Retail Sales, Service and Repair
Animal Sales and Services, Household Pets Only
§154.041(N)
S
P
S
P
2.75 spaces/1,000 sq. ft. GFA
Animal Sales and Services, All Others
§154.041(O)
P
P
S
S
1.65 spaces/1,000 sq. ft. GFA
Appliance Sales and Repair
P
P
2.75 spaces/1,000 sq. ft. GFA
Auction Houses
S
S
2.75 spaces/1,000 sq. ft. GFA
Banks and Financial Institutions
P
P
P
P
P
2.75 spaces/1,000 sq. ft. GFA
Food Catering Service
P
P
S
P
2.75 spaces/1,000 sq. ft. GFA
Fueling Stations
§154.041(RR)
S
S
2.75 spaces/1,000 sq. ft. GFA
Grocery or Market
§154.041(P)
S
P
S
P
2.75 spaces/1,000 sq. ft. GFA
Kennels
§154.041(OO)
P
S
S
1.65 spaces/1,000 sq. ft. GFA
Lawn Equipment and Small Engine Sales and Service
P
P
S
2.75 spaces/1,000 sq. ft. GFA
Pawn Shop
§154.041(Q)
S
2.75 spaces/1,000 sq. ft. GFA
Retail Sales, Service and Repair, Outdoor
§154.041(R)
S
S
S
2.75 spaces/1,000 sq. ft. GFA
Retail Sales, Service and Repair, Special Handling
S
2.75 spaces/1,000 sq. ft. GFA
Retail Sales, Service and Repair, All Others
P
P
P
P
P
2.75 spaces/1,000 sq. ft. GFA
Vehicle/Equipment Sales Service and Repair
Automobile Services, Light
§154.041(S), (FF)
P
P
S
.55 spaces/1,000 sq. ft. GFA
Automobile Services, Heavy
§154.041(T), (FF)
S
P
P
S
.55 spaces/1,000 sq. ft. GFA
Boat Sales, Rentals, and Repair
§154.041(U)
P
P
S
.55 spaces/1,000 sq. ft. GFA
Heavy Vehicle/Equipment Sales and Rentals
§154.041(Y)
P
P
.55 spaces/1,000 sq. ft. GFA
Light Vehicle/Motorcycle Sales and Rentals
§154.041(JJ)
P
P
S
.55 spaces/1,000 sq. ft. GFA
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
INDUSTRIAL, MANUFACTURING, AND WHOLESALE PRIMARY USES
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
INDUSTRIAL, MANUFACTURING, AND WHOLESALE PRIMARY USES
Communications and Information
Small Cell Facility
§154.072
P
P
P
P
P
P
No requirement
Telecommunication Towers
§154.079
S
S
S
S
S
S
No requirement
Telecommunication Facilities - All Others
§154.079
S
S
S
S
S
S
S
No requirement
Industrial Services
Chemical Manufacturing and Storage
S
.55 spaces/1,000 sq. ft. GFA
Contractors - General
§154.041(EE), (GG)
P
P
.55 spaces/1,000 sq. ft. GFA
Contractors - Heavy/Contractor Yard
§ 154.041(EE), (GG)
P
.55 spaces/1,000 sq. ft. GFA
Food Preparation and Sales, Commercial
P
P
P
.55 spaces/1,000 sq. ft. GFA
Manufacturing
Manufacturing, Fabricating, and Assembly - General
§154.041(Z)
S
P
.55 spaces/1,000 sq. ft. GFA
Manufacturing, Fabricating, and
Assembly - Heavy
§ 154.041(Z)
S
.55 spaces/1,000 sq. ft. GFA
Manufacturing or Refinement of
Asphalt, Cement, Gypsum, Lime,
or Wood Preservatives
§ 154.041(Z)
S
.55 spaces/1,000 sq. ft. GFA
Mining, Extraction, and Energy Conservation
Mineral Extraction
§154.041(I)
P
No requirement
Sand and Gravel Extraction or Sales
§154.041(Z)
P
No requirement
Solar Energy Conversion System
§154.074
S
No requirement
Wind Energy Conversion System
§154.078
S
No requirement
Transportation Facilities
Airport
§154.041(CC), (DD)
S
.55 spaces/1,000 sq. ft. GFA
Heliport and Helipads
§154.041(GG), §154.065
S
No requirement
Mass Transit Facility
§154.041(J)
P
P
P
P
S
P
.55 spaces/1,000 sq. ft. GFA
Rail Distribution Yards
§154.041(Z)
S
.55 spaces/1,000 sq. ft. GFA
Transportation Services
§154.041(Z)
S
S
.55 spaces/1,000 sq. ft. GFA
Waste Related Services
Automobile Parts Recycling Business
S
.55 spaces/1,000 sq. ft. GFA
Composting Facility
§154.041(Z)
S
P
No requirement
Recycling Center
S
P
No requirement
Recycling Drop-Off Facilities
P
P
P
P
P
P
P
P
P
P
P
P
S
P
.55 spaces/1,000 sq. ft. GFA
Recycling Plant, Scrap Processor
S
.55 spaces/1,000 sq. ft. GFA
Salvage or Junk Yards
§154.041(HH)
S
.55 spaces/1,000 sq. ft. GFA
Solid Waste Facility
§154.041(KK)
S
No requirement
Wholesale Storage, Warehouse and Distribution
Automobile Towing Service Storage Yard
§154.041(MM)
S
P
P
.55 spaces/1,000 sq. ft. GFA
Bottled Gas Storage and Distribution
S
S
.55 spaces/1,000 sq. ft. GFA
Self-Storage Facilities
§154.041(V)
S
S
P
.11 spaces/1,000 sq. ft. GFA
Truck Freight Terminal/Distribution Center
§154.041(NN)
S
.28 spaces/1,000 sq. ft. GFA
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
INDUSTRIAL, MANUFACTURING, AND WHOLESALE PRIMARY USES (CONT’D)
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
INDUSTRIAL, MANUFACTURING, AND WHOLESALE PRIMARY USES (CONT’D)
Wholesale Storage, Warehouse and Distribution (Cont’d)
Vehicle Storage, Commercial
§154.041(W)
P
.55 spaces/1,000 sq. ft. GFA
Wholesale Trade or Storage, General
§154.041(Z)
P
.55 spaces/1,000 sq. ft. GFA
Wholesale Trade or Storage, Light
P
P
.55 spaces/1,000 sq. ft. GFA
AGRICULTURE PRIMARY USES
Anhydrous Ammonia Storage and Distribution
§154.041(CC)
S
S
.55 spaces/1,000 sq. ft. GFA
Aquaculture
§154.041(BB)
S
S
.55 spaces/1,000 sq. ft. GFA
Confined Feeding
No requirement
Farm
P
P
P
P
P
P
P
P
No requirement
Food Processing Plants
S
P
No requirement
Grain and Feed Mills
S
P
P
No requirement
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
AGRICULTURE PRIMARY USES (CONT’D)
Plant Nursery
§154.041(QQ)
P
P
S
P
.55 spaces/1,000 sq. ft. GFA
Riding Stables and Academies
§154.041(LL)
P
S
No requirement
Roadside Produce Stand
§154.041(PP)
P
S
P
P
S
.55 spaces/1,000 sq. ft. GFA
Sale Barn for Livestock
S
.55 spaces/1,000 sq. ft. GFA
Slaughterhouse
S
.55 spaces/1,000 sq. ft. GFA
(Ord. 2022-17, passed 7-19-2022)
§ 154.041 USE LIMITATION NOTES.
(A) Live/work dwelling. Where permitted, a live/work dwelling's commercial activity may be any nonresidential primary use permitted in the same zoning districts that the live/work dwelling is established, subject to the limitations below. The following commercial activities, when not otherwise specifically listed as permitted in the applicable zoning districts, are permitted in a live/work dwelling use: art gallery, artist studio, professional studio, office (excluding dental/medical office and clinic) and other similar activities determined by the Administrator.
(1) A live/work dwelling use is not a "residential use" or "residential district" or "protected use," nor in any other way be accorded residential protection (e.g., separation) against the effects of surrounding industrial uses as may otherwise be required by this chapter.
(2) Any repair, assembly, or fabrication of goods is limited to the use of hand tools or domestic mechanical equipment.
(3) The commercial activity must not exceed 50% of the gross floor area of the use.
(4) The commercial activity cannot have more than two employees or assistants on the premises at one time. The employees or assistants may be in addition to residents of the live/work dwelling.
(5) Signs are limited to not more than two non-animated, non-illuminated wall or window signs with a maximum total area of 20 square feet.
(6) Outside storage of any flammable and combustible liquids and flammable gases is prohibited.
(7) Nonresidential storage in the live/work dwelling is limited to no more than 10% of the space dedicated to the commercial activity.
(B) Major impact utility. Where permitted, a major impact utility is permitted with the following:
(1) Sanitary sewer treatment plants must be at least 500 feet from any residential district measured from the edge of the treatment plant facility to the boundary of the residential district.
(2) Solid waste facilities must be in a completely enclosed structure and at least 500 feet from any residential district.
(3) The expansion of transmission line capacity does not require a zoning permit provided such expansion may be accomplished within an existing right-of-way or with existing structures or poles.
(C) Minor impact utility. Where permitted, a minor impact utility is permitted with the following:
(1) Electric substations are prohibited in residential districts.
(2) Exposed electric substation transformers must be enclosed by a fence or wall at least six feet high and adequate to obstruct view, noise, and passage of persons.
(3) A minor impact utility use must be at least 50 feet from the nearest boundary of any lot containing a single- or two-unit dwelling use existing at the time of application for the utility use unless the utility has been sited and designed to assure its compatibility with adjacent dwelling units.
(D) Cemetery. Where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen. Where permitted, a cemetery may include a crematorium if special exception approval is granted by the BZA. The crematorium must be at least 500 feet from a residential district.
(E) Community center. Where permitted:
(1) A community center cannot have an outdoor public address system or any type of amplified music or sound device;
(2) Overnight accommodations are prohibited;
(3) Where a community center includes accessory outdoor recreation or entertainment services facilities within or abutting a residential district, all outdoor lighting must be extinguished when the outdoor facilities are not in use, by 10:00 p.m. Sunday through Thursday, and by 11:00 p.m. Friday and Saturday.
(F) Parks and playgrounds. Where permitted, a park or recreation facility must comply with the following:
(1) Outdoor lighting, except security lighting, must be extinguished when outdoor facilities are not in use, by 10:00 p.m. Sunday through Thursday, or 11:00 p.m. Friday and Saturday.
(2) Any recreation facility not completely enclosed (e.g., basketball or racquet sport courts) must be at least 50 feet from the boundary of a residential district.
(G) Public and religious assembly uses. In residential districts where permitted, a public or religious assembly use must comply with the following:
(1) The following operations must be terminated by 11:00 p.m.: (i) daily operations of uses and activities accessory to a primary public or religious assembly use, including but not limited to, accessory recreation uses or activities; and (ii) daily operations of other primary uses located on the same zone lot as the public or religious assembly use, including but not limited to, childcare centers or elementary or secondary schools, but not including a primary household living use located on the same zone lot.
(2) Conference center, club, or lodge use is prohibited.
(H) Arts, recreation, and entertainment, indoor uses. In all residential districts where permitted, seating capacity in a permitted arts, recreation, and entertainment, indoor use is limited to no more than 100 people. Where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
(I) Mineral extraction is prohibited within urban areas as defined in I.C. 36-7-4-1103. A fence at least six-feet tall is required where the use is accessible to the public. In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot-wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen. The use must be located at least 200 feet from a residential use or district.
(J) Mass transit facility. In all residential districts where permitted, the use is limited to a stop or station for the mass passenger transit system; and parking for the use of passengers or employees of the passenger transit provider.
(K) Parking garage. Where permitted, a parking garage is limited to enclosed structures or structures enclosed except for portions of the parking structure over 45 feet above grade. Any unenclosed parking deck must have screening walls at least four feet in height. All lighting on the unenclosed parking deck must use fully shielded fixtures, not exceeding 6,500 lumens per fixture, and installed to not project glare off the lot.
(L) Dental/medical office or clinic. In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
(M) Medical clinic - special handling. Where permitted, up to 20 patients or clients may stay overnight at any one time in a medical clinic - special handling use. In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot-wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
(N) Animal sales and services, household pets. Where permitted, an animal sales and services, household pets use must comply with the following:
(1) All sales and services must be for household pets only. Wild or dangerous animal services and sales are prohibited.
(2) Overnight boarding is permitted within a completely enclosed building. For uses over 20,000 square feet in GFA dedicated primarily to retail sales, no more than 15% of the GFA can be devoted to overnight boarding.
(3) The use must be completely enclosed except outdoor animal runs or other areas in which dogs are allowed outside of an enclosed structure off leash (an "outdoor run"). An outdoor run must comply with the following conditions:
(a) Outdoor runs are not permitted within 20 feet of a residential structure in a residential district.
(b) The outdoor run may operate only between 6:30 a.m. and 9:00 p.m.
(c) No more than 25 non-neutered or non-spayed dogs older than six months may be kept on the premises at any time.
(4) Facilities must be constructed, maintained, and operated so animal sounds and smells cannot be discerned on adjacent lots when the outdoor run is not in use.
(O) Animal sales and services, all others. Where permitted, an animal sales and services, all others use must comply with the following:
(1) Wild or dangerous animal boarding and breeding services are prohibited.
(2) No more than 25 non-neutered or non-spayed dogs older than six months may be kept on the premises at any time.
(3) Overnight accommodations are allowed.
(4) Where located abutting a residential district, a minimum 50-foot-wide landscaped buffer must be provided. The buffer is intended to substantially mitigate potential adverse effects from the animal service use.
(P) Grocery. Where permitted, a grocery use must comply with the following:
(1) Accessory outdoor sales and displays, including outdoor sales of fruits or vegetables, must occupy no greater than one-fourth the gross floor area of the structure containing the food sales or market primary use.
(2) Outdoor storage is prohibited unless enclosed by a fence or wall adequate to conceal such storage from adjacent residential property or public right-of-way.
(Q) Pawn shop. Where permitted, a pawn shop cannot be established, operated, or maintained within 1,000 feet of another pawn shop.
(R) Retail sales, service, and repair - outdoor. Where permitted, only outdoor retail sales are permitted, and outdoor retail repair or service uses are prohibited.
(S) Automobile services-light. Where automobile services-light are permitted, all primary and accessory structures must be set back at least 40 feet from any side or rear lot line abutting a residential district. Automobile wash, laundry, detail, or polishing shops are permitted subject to compliance with the following standards:
(1) All washing activities must occur inside a building.
(2) Required stacking spaces for waiting vehicles must not be located within a public or private right-of-way and not conflict with maneuvering areas, parking spaces and other activities on the site. Stacking lanes must be designed to prevent vehicle queues from extending beyond the property.
(3) Wastewater must be recycled, filtered, or cleansed to minimize discharge of soap, wax, and solid matter into public sewers.
(4) For automated drive-through wash facilities, a bypass lane must be provided to allow by-passing waiting vehicles.
(5) Overhead doors cannot face any side or rear lot line abutting a residential district. Overhead doors cannot not face a street, except in the following circumstances:
(a) When the doors of a through-garage are located at the front and rear of a building;
(b) When a garage is located on a corner or through lot; or
(c) When determined that a rear overhead door would negatively affect an abutting residential use or district.
(6) A vehicle wash facility building and any accessory buildings and uses, including vacuums, must be located at least 100 feet from a street right-of-way line and any residential district boundary.
(7) The property owner or operator must comply with all applicable noise regulations. Air handling equipment must be located on a roof, be equipped with intervening noise reduction baffles, and be in proper working condition.
(T) Automobile services, heavy. Where permitted, an automobile services, heavy use must comply with the following:
(1) All primary and accessory structures must be set back a minimum of 75 feet from any residential district.
(2) The lot must be enclosed with a solid fence or wall except for street frontage containing the entrance to the use, street frontage of an automobile retail display area, or any portion of a lot line containing a building wall.
(3) The fence or wall must be constructed high enough to conceal vehicles, equipment, or parts located on the lot; provided the wall or fence does not interfere with vision clearance at the intersections (see § 154.099)
(4) Permitted fence or wall materials consist of wood, brick, masonry, or other similar durable materials. Salvaged doors, corrugated or sheet metal, and chain link are prohibited fence or wall materials.
(U) Boat sales, rentals, and repair.
(1) Where permitted, a boat sales, rentals, and repair use must comply with the following:
(a) Outdoor public address or loudspeaker systems are prohibited.
(b) Accessory uses and activities may include the retail sale and installation of boat accessories, making minor mechanical adjustment, washing, and polishing of boats.
(c) In addition to the buffering requirements of § 154.110(E), adjoining residential districts must be protected from the external effects of permitted outdoor boat or equipment display or storage areas and employee or public parking areas by landscape buffers or an opaque fence or wall at least five feet high or by other means to achieve the same protection purpose.
(d) Boats being displayed, serviced, or stored cannot be parked on streets, alleys, public sidewalks, or public landscaped parkways.
(e) As permitted, boats displayed outside a completely enclosed structure may have individual signs.
(2) Sales display areas are not considered parking lots for the purposes of this chapter (e.g., parking space size requirements, landscaping requirements, etc.).
(V) Self-storage facilities. Where permitted in commercial districts, self-storage facilities cannot have individual entrances to storage units from the exterior of the structure.
(W) Storage, commercial. Where permitted, the use must be located at least 500 feet from any residential district.
(X) Sports and/or entertainment arena or stadium. Where permitted, a sports and/or entertainment arena or stadium use must be at least 500 feet from a residential district.
(Y) Heavy vehicle/equipment sales and rentals. Where permitted, a heavy vehicle/equipment sales, rentals, and service use must be located at least 500 feet from the nearest boundary of any residential district existing at the time of application.
(Z) Where permitted, the use must be located at least 500 feet from any residential district.
(AA) Laboratory, research and development services. Where permitted, a laboratory, research and development services use may include sales facilities limited to non-retail sales and sales activities occupying no more than 20% of the gross floor area of the structure. Such use may include indoor storage space for parts and supplies.
(BB) Aquaculture. Where permitted, the outdoor storage of waste material from fish processing is prohibited.
(CC) A fence at least six-feet tall is required where the use is accessible to the public (see § 154.092).
(DD) In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
(EE) Building materials and company vehicles must be screened or located so not visible from a perimeter street or adjacent residential use (see § 154.110(H).
(FF) Vehicle repair uses must meet the following requirements:
(1) A minimum 100 feet of lot frontage is required on an arterial or collector street, as designated in the comprehensive plan. Access to the site must be derived from the abutting arterial or collector street.
(2) Driveways or access points must be located a minimum of 100 feet from any street intersection and 50 feet from any adjacent residential district boundary line. No drive can be located nearer than 75 feet, as measured along the property line, to any other driveway.
(3) Equipment, including hydraulic hoists, pits, lubrication, and other automobile repairing equipment must be located entirely within an enclosed building. Outdoor storage or display of merchandise, such as tires, lubricants and other accessory equipment is not permitted.
(4) Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle except a tow truck is permitted only in a designated area. This area must be appropriately screened from public view according to the requirements of § 154.110(H).
(5) All maintenance and repair work must be conducted completely within an enclosed building.
(6) In front of each service bay a vehicle queuing space accommodating at least two vehicles must be provided.
(7) Storage of gasoline, liquefied petroleum gas, oil, or other flammable liquids or gas above ground is not permitted.
(8) Floor drains must not connect to the sanitary sewer system.
(9) If the use includes installation of oil or other automotive fluids except for fuel, the applicant must have a pollution protection plan to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials, such as special check valves, drain back catch basins, and automatic shut off valves, as approved by the Fire Marshal and MS4 Coordinator.
(GG) The use must be located at least 200 feet from a residential use or district.
(HH) Minimum front setback: 50 feet; minimum side setback: 40 feet.
(1) Use must be located at least 200 feet from a residential use.
(2) Use must be enclosed by an eight-foot-high solid wall or fence.
(II) Minimum lot area: 40 acres.
(JJ) Light vehicle/motorcycle sales and rentals. Where permitted, a light vehicle/motorcycle sales and rentals use must comply with the following:
(1) Outdoor public address or loudspeaker systems are prohibited.
(2) Accessory uses and activities may include the retail sale of vehicle accessories, oil, grease, antifreeze, tires, batteries, and other similar products; and providing services of installing the above items, making minor mechanical adjustments, washing, and polishing of vehicles.
(3) The facility must not include heavy automobile service uses as an accessory or primary use unless permitted as a primary use in the subject zoning district.
(4) In addition to the buffering requirements of § 154.110(E), adjoining residential districts must be protected from the external effects of permitted outdoor vehicle or equipment display or storage areas and employee or public parking areas by landscape buffers or an opaque fence or wall at least five feet high or by other means to achieve the same protection purpose.
(5) Vehicles being displayed, serviced, or stored cannot be parked on streets, alleys, public sidewalks, or public landscaped parkways.
(6) As permitted, vehicles displayed outside a completely enclosed structure may have individual signs.
(KK) A fence at least six feet tall is required on all property lines. The fence may be wire mesh or solid.
(LL) The minimum lot area must be six acres plus 5,000 square feet per horse over four horses.
(1) The stable must be located at least 100 feet from a residential use or district.
(2) In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
(MM) Minimum lot area: two acres.
(1) The use must be located at least 100 feet from a residential use or district.
(2) A fence at least six feet tall is required where the use is accessible to the public (see § 154.092).
(3) In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
(NN) Minimum lot area: five acres.
(1) Where abutting a residential use, minimum front setback: 50 feet; minimum side setback: 40 feet; minimum rear setback: 40 feet.
(2) In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
(OO) Kennels. Where permitted, kennels must comply with the following:
(1) All principal use activities, other than outdoor dog runs or exercise areas, must be conducted within a totally enclosed building.
(2) Any dumpsters used by a kennel must be enclosed on all four sides with an opaque fence equipped with a lockable gate and must not be visible from adjacent residential properties. Any disposal of biohazardous waste must be in conformance with state and local requirements.
(3) Activities must not generate a noise level greater than 60 decibels for more than four hours in any 24-hour period at any property line.
(4) Minimum lot area: three acres.
(5) When a kennel is in an agricultural district, the outermost edge of the facility (including the parking area and dog runs) must be at least 500 feet from the property line.
(6) When a kennel is in an industrial, business, or mixed-use district, the outermost edge of the facility (including the parking area and dog runs) must be at least 500 feet from the nearest agricultural, residential, or mixed-use zoning district boundary.
(PP) Roadside produce stands. Where permitted, roadside produce stands must provide adequate off-street parking and circulation for the scale of the operation. Orange snow fencing or other similar materials are prohibited at stands.
(QQ) Retail plant nurseries where plant inventory and related plant products are sold, but the plants are not grown or produced on-site are permitted only in the C-3 General Business District.
(RR) Fueling stations. Where permitted, fueling stations must meet the following requirements:
(1) There is a minimum lot area of one acre and minimum lot width of 150 feet on an arterial street.
(2) Only one driveway is permitted from each street on a corner lot, unless the Board of Zoning Appeals approves a design standards variance to allow additional driveways to ensure safe and efficient access to the site. Driveways or curb openings must be located at least 100 feet from any intersection and 50 feet from any adjacent residential district boundary line. No drive is located nearer than 75 feet, as measured along the property line, to any other driveway. However, if the property is located within the Arterial Corridor Overlay District, the requirements of that district apply.
(3) Pump islands must be a minimum of 30 feet from any public right-of-way or lot line. Tanks, propane, and petroleum products must be set back at least 25 feet from any lot line.
(4) Overhead canopies must be set back at least 20 feet from the right-of-way (measured from the edge of the canopy). The proposed clearance of any canopy is noted on the site plan. The canopy must not exceed 18 feet in height. Lighting in the canopy is be recessed, fully shielded, and directed downward to prevent offsite glare.
(5) If the use includes installation of oil or other automotive fluids except for fuel, the applicant must have a pollution protection plan to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials, such as special check valves, drain back catch basins, and automatic shut off valves, as approved by the Fire Marshal and MS4 Coordinator.
(6) If a fueling station use has been abandoned or terminated for more than 12 months, all underground gasoline storage tanks must be removed from the premises, according to State requirements.
(7) A fueling station may be combined with other uses, such as convenience store, vehicle wash, and/or restaurants; provided all requirements, including parking, are met for each use and the most restrictive requirements applicable to any single use apply.
(Ord. 2022-17, passed 7-19-2022)
§ 154.042 USE DESCRIPTIONS.
(A) Residential primary uses.
(1) Household living.
(a) Dwelling, single-family detached: standard. A single-family detached dwelling: standard is a detached structure on a medium or large-size lot containing one dwelling unit. It is typically located within a primarily single-family neighborhood. This type is the most common type found in Bargersville. Typically, this building type has a front-load garage, but side-load garages are possible on corner lots or wider lots and rear-load garages are possible on lots abutting an alley.
(b) Dwelling, single-family detached: compact. A single-family detached dwelling: compact is a detached structure on a small lot containing one dwelling unit. It is typically located within a primarily single-family neighborhood in a walkable urban setting. This building type enables appropriately scaled, well-designed higher densities, provides a broad choice of housing types, and promotes walkability. Typically, this building type has a rear-load garage, but front-load garages are possible if the garage is recessed well behind the front facade of the house. It is important that the front facade of this building type not be dominated by garage doors.
(c) Dwelling - duplex. A duplex dwelling is a small to medium-size structure that consists of two side-by-side or stacked dwelling units, both facing the street, and within a single building massing. This type has the appearance of a medium to large single-family home and is appropriately scaled to it within primarily single-family residential neighborhoods or medium-density residential neighborhoods. It enables appropriately scaled, well- designed higher densities, provides a broad choice of housing types, and promotes walkability. Both units may be on one lot, or the lot can be split so each unit is on its own lot.
(d) Dwelling - bungalow court. A bungalow court consists of a series of small, detached structures, providing multiple units arranged on a single lot to define a shared court that is typically perpendicular to the street. The shared court takes the place of a private backyard and becomes an important community-enhancing element of this type. This type is appropriately scaled to it within primarily single-family or medium-density neighborhoods. It enables appropriately scaled, well-designed higher densities, provides a broad choice of housing types, and promotes walkability. Parking is typically located along an alley at the rear of the lot.
(e) Dwelling - townhouse. A townhouse is a small to medium-size typically attached structure that consists of two to eight townhouses placed side by side. This type may also occasionally be detached with minimal separations between the buildings. This type is typically located within medium-density residential neighborhoods or in a location that transitions from a primarily single-family residential neighborhood into a neighborhood main street. This type enables appropriately scaled, well-designed higher densities, provides a broad choice of housing types, and promotes walkability.
(f) Dwelling - apartment building: small. An apartment building: small is a structure that consists of three to six side-by-side and/or stacked dwelling units, typically with one shared entry or individual entries along the front. This type has the appearance of a large-size family home and is appropriately scaled to fit within traditional residential or mixed-density residential. This type enables appropriately scaled, well-designed higher densities, provides a broad choice of housing types, and promotes walkability. Parking is typically located in the rear of the lot behind the building.
(g) Dwelling - apartment building: large. An apartment building: large is a medium to large-size structure that consists of seven to 30 side-by-side and/or stacked dwelling units, typically with one shared entry. Used in an infill development context, this type is appropriately scaled to fit within mixed density residential neighborhoods or sparingly within large lot predominantly single-family residential neighborhoods. On larger sites, multiple buildings per lot may be appropriate. This type enables appropriately scaled, well-designed higher densities, provides a broad choice of housing types, and promotes walkability.
(h) Accessory dwelling unit. A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to an existing single-family structure.
(i) Upper story residential. In a vertically mixed-use building, residential uses occurring above the first floor of the building.
(j) Live/work dwelling. A live/work dwelling is a small to medium-size attached or detached structure that consists of one dwelling unit above and/or behind a flexible ground floor space that can be used for service or retail uses. Both the ground-floor flex space and the unit above are owned by one entity. This type is typically located within medium-density neighborhoods or in a location that transitions from a neighborhood into a neighborhood main street. It is especially appropriate for incubating neighborhood-serving retail and service uses and allowing neighborhood main streets to expand as the market demands. Parking is typically located in the rear of the lot behind the building, often in an attached or detached garage.
(k) Mobile home. A movable or portable unit, eight feet or more wide and is 32 feet or more in length, and constructed to be towed on its own chassis (comprised of frame and wheels) from the place of construction to the location or subsequent locations, and designed to be used without a permanent foundation and connected to utilities for year-round occupancy with or without a permanent foundation. The term includes:
1. Units containing parts that can be folded, collapsed, or telescoped when being towed and that may be expanded to provide additional cubic capacity;
2. Units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing; and
3. Units designed to be used for residential, commercial, educational, or industrial purposes, excluding recreational vehicles.
(l) Residence for older adults. A single unit dwelling or multi-unit dwelling housing unrelated mobile older adults (individuals 55 or more years of age) more than the number of unrelated persons permitted per dwelling unit, receiving fewer services than a special care home or assisted living facility. A residence for older adults is not considered a residential care use.
(m) Upper story residential. Dwelling units on upper floors of buildings with nonresidential uses at street level.
(2) Group living.
(a) Assisted living facility. A facility for adults in need of some protective oversight or assistance due to functional limitation that provides a living arrangement integrating shelter, food, and other supportive services to maintain a functional residential status.
(b) Childcare home. A family home that receives more than three and up to a maximum of eight children for less than 24 hours per day. The number counted includes the family's natural or adopted children and all other persons under the age of 12.
(c) Fraternity, sorority, or student housing. A building containing living quarters for students, staff, or members of an accredited college, university, boarding school, theological school, hospital, religious order, or comparable organization; provided that the building is owned or managed by the organization and contains no more than one cooking and eating area.
(d) Group residential facility. A facility licensed by the State of Indiana to provide a homelike setting to the developmentally disabled and/or the mentally ill. This provides the benefits of a group living situation as an alternative to hospitalization or institutionalization.
(e) Nursing home. Any institution, whether operated for profit or not, that seeks to provide for a period exceeding 24 hours, nursing care, personal care, or custodial care for three or more persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services, but, in contradistinction to a hospital, does not include any place providing care or treatment primarily for the acutely ill.
(f) Hospice. A facility that provides inpatient care and attends to the emotional, spiritual, social, and financial needs of terminally ill patients and their families.
(g) Rooming or boarding house. A residential building containing one or more guest rooms used, rented, or hired out, with or without meals, for permanent occupancy. A rooming and boarding house makes no provision for cooking in any of the guest rooms occupied by paying guests.
1. A rooming and boarding house use is not considered a residential care use.
2. A rooming and boarding house use is not considered a student housing use.
(B) Civic, public, and institutional primary uses.
(1) Basic utilities.
(a) Utility, major impact. A utility use that due to its nature or large scale could have an adverse impact on surrounding properties. Examples include sanitary sewer treatment plants and solid waste facilities.
(b) Utility, minor impact. A utility use that due to its nature or small scale is unlikely to have an adverse impact on surrounding properties. Examples include telephone switching stations and completely enclosed utilities.
(2) Community/public services.
(a) Cemetery. Any land or structure dedicated to and used for the interment, entombment, or inurnment of human remains.
(b) Childcare facilities. Any place other than a family home in which people receive childcare services during any part of a day not exceeding 13 hours in any 24-hour period and licensed pursuant to the town and state requirements.
(c) Community center. A place, structure, area, or other facility used for and providing programs, information and services generally open to the public and designed to accommodate and serve significant segments of the community.
(d) Correctional institution. Publicly or privately operated facility housing people awaiting trial or people serving a sentence after being found guilty of a criminal offense.
(e) Fairgrounds. An area where buildings, structures, and land are used for the exhibition of livestock, farm products, etc. and/or for carnival-like entertainment.
(f) Golf courses and country clubs. Golf courses are any area within the ground set aside for the purposes of playing golf and includes any golf driving range, golf practice area, or putting green. A country club includes a location with facilities for outdoor sports and social activities for which members pay a membership fee other than a daily fee, periodically for the use of facilities and services by them.
(g) Hospital, major. An institution licensed by state law providing short-term health services and medical or surgical care to patients and injured persons. Open 24 hours a day, a major hospital contains more than 100 beds and may offer a wide range of services, including emergency care, scheduled surgeries, labor and delivery services, diagnostic testing, lab work, and patient education. Patients may receive inpatient or outpatient care.
(h) Hospital, minor. An institution licensed by state law providing short-term health services and medical or surgical care to patients and injured persons. A minor hospital contains less than 100 beds, may be open 24 hours a day, and may offer services similar to a major hospital, but at a much smaller scale.
(i) Library, museums, and cultural facilities. A library is a public facility for the use, but not sale, of literary, musical, artistic, or reference materials. A museum is an institution devoted to the procurement, care, study, and display of objects of lasting interest or value.
(j) Municipal and government buildings. A building or facility utilized in the operation of local government. Municipal buildings and facilities include office space for the operation of administrative functions, police, fire, public works, emergency services, disaster relief, municipal parking lots, garages, storage facilities, and lift stations.
(k) Parks and playground. An area of land designed or reserved for active or passive recreational use, including all natural and man-made open space and landscaping, facilities, playing fields, and buildings that are consistent with the general purposes of recreation, whether such recreational facilities are public operated or operated by other organizations pursuant to arrangements with the public authority owning the public park. Public parks include tot lots, band shells, picnic grounds, pedestrian trails and paths, landscaped buffers, playgrounds, water features, baseball diamonds, football fields, soccer pitches, and similar outdoor sports fields.
(3) Education.
(a) Colleges and universities. Educational institutions that offer specialized instruction in any of several fields of study and/or in several professions or occupations and is authorized to confer various degrees such as the bachelor's degree. University or college uses may be composed of multiple buildings and uses organized on an integrated campus property composed of one or more zone lots and blocks. Education uses may include a variety of uses such as classroom buildings, administrative offices, sports facilities, student housing, research facilities and other related uses operated by the governing board of the institution within the campus or on adjoining zone lots.
(b) Commercial studios. A commercial operation that includes the sale of, and may include the instruction in, arts and crafts, dance, music and instruments, commercial photography, and other similar commercially oriented operations.
(c) Schools - elementary, middle, and high. An institution for the teaching of children; also, physical improvements and structures related to the activity of teaching, as well as associated accessory uses and structures, including maintenance areas, parking athletic fields, outdoor study areas, etc.
(d) Vocational schools. A school established to provide for the teaching of industrial, clerical, managerial, or artistic skills. This definition applies to private entities that do not offer a complete educational curriculum (e.g., professional schools, dance schools, business schools, trade schools, art schools, etc.).
(4) Public and religious assembly.
(a) Banquet facilities and reception halls. A building or a portion of a building rented or reserved by individuals, businesses, or groups to accommodate private functions including banquets, weddings, anniversaries, and other similar celebrations. The facilities may include: (1) kitchen facilities for the preparation or catering of food; (2) the sale of alcoholic beverages for on-premises consumption, only during scheduled events and not open to the public; and (3) outdoor gardens or reception facilities.
(b) Club or lodge. An association of persons organized for a common purpose to pursue common goals, interests or activities characterized by certain membership qualifications, payment of fees or dues, regular meetings and a constitution or bylaws.
(c) Places of worship. A church, synagogue, temple, mosque, or other facility used for public worship where organized services are held by persons of similar beliefs.
(d) Public and religious assembly, all others. Public and religious assembly uses are permanent places where persons regularly assemble for religious worship or secular activities, and which are maintained and controlled by a body organized to sustain the religious or public assembly. Public assembly uses include civic and social organizations such as private lodges, clubs, fraternities, and similar private membership organizations.
(C) Commercial sales, services, and repair primary uses.
(1) Adult business. Adult businesses are characterized by commercial establishments where the primary use is the sale, rental, display or other offering of live entertainment, dancing, or material characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
(2) Arts, recreation and entertainment.
(a) Art, recreation, and entertainment, indoor. A public or private facility that provides indoor entertainment including, video arcades, virtual reality games, and mechanical rides.
(b) Arts, recreation and entertainment, outdoor. A public or private facility that provides outdoor entertainment including waterslides, water parks, go-cart tracks, miniature golf, batting cages and mechanical rides and games.
(c) Sports and/or entertainment arena or stadium. A large structure with tiers of seats for spectators at sporting or other recreational events.
(3) Parking of vehicles.
(a) Parking garage. A structure of two or more stories used for the temporary parking or storage of more than four motor vehicles.
(b) Parking lot. An off-street, surfaced, ground level open area used for the temporary parking or storage of more than four motor vehicles.
(4) Eating and drinking establishments.
(a) Restaurant - Class A (table service). An establishment whose principal business is the sale of edible, prepared food stuffs and/or beverages for consumption on or off the premises. A Class A restaurant is a restaurant whose principal method of operation includes any two of the following characteristics:
1. Customers are provided with an individual menu, are served their food or beverages by wait staff, at the same table items are consumed.
2. Cafeteria-type operations where foods or beverages are generally consumed within the restaurant building.
3. Carryout service is not the predominant type of service available.
(b) Restaurant - Class B (counter service, no drive-thru). An establishment whose principal business is the sale of edible, prepared food stuffs and/or beverages for consumption on or off the premises. A Class B restaurant is a restaurant not falling within the classification of Class A restaurant and having characteristics of offering food service over a counter, having a limited menu of items already prepared and held for service, or prepared, fried, or grilled quickly, or heated in a microwave oven.
(c) Restaurant - Class C (counter service with drive-thru). Similar to a Class B restaurant, a Class C restaurant offers food service over a counter and/or through a drive-through facility.
(d) Tavern. An establishment whose principal business is the sale and service of alcoholic beverages at retail for consumption on the premises. Food and snacks may also be made available for consumption on the premises.
(e) Winery and microbrewery. A facility where wine or beer is sold for consumption onsite or off the premises and may include a restaurant, beverage room, or retail store as accessory uses.
(5) Lodging accommodations.
(a) Bed and breakfast establishment. A transient lodging establishment, generally in a single-family dwelling or detached guesthouse, primarily engaged in providing overnight or otherwise temporary lodging for the public and may provide meals for compensation.
(b) Hotel or motel. A hotel is a building in which lodging is offered with or without meals principally to transient guests and that provides a common entrance, lobby, halls and stairways. A motel is an establishment consisting of a group of attached or detached living or sleeping accommodations for transient guests with bathrooms and closet space, located on a single lot and where access to the sleeping accommodations is directly from the outside. A motel furnishes customary hotel services such as maid service and laundering of linen, telephone and secretarial or desk service, and the use and upkeep of furniture.
(6) Office.
(a) Dental/medical office or clinic. An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, other health care professionals, or similar professions.
(b) Medical clinic - special handling. Structures and land where prescription medications are dispensed and/or human patients are admitted for examination and treatment, including substance abuse facilities, where no more than 20 patients are provided with overnight care, meals, and lodging.
(c) Research and development offices. A building or group of buildings containing one or more of the following types of facilities:
1. A research and development facility, training facility, production studio, laboratory, display/showroom/sales facility, or other similar use which typically has a high ratio of square feet of floor area per employee;
2. A building or part of a building devoted to the testing and analysis of any product. No manufacturing is conducted on the premises except for experimental or testing purposes;
3. A business primarily engaged in the development or engineering of computer software or computer hardware, but excluding retail sales, computer hardware manufacturers, and computer repair services;
4. A facility for the servicing of technological equipment and/or office machinery, such as computers, copying machines and word processing equipment;
5. A facility for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory;
6. A facility devoted to the testing and analysis of any product, including medical laboratories, biological product manufacturing, and blood and organ banks;
7. A laboratory that provides bacteriological, biological, medical, X-ray, pathological and similar analytical or diagnostic services to doctors or dentists. No fabricating is conducted on the premises, except the custom fabrication of dentures or similar dental appliances. This definition excludes in-patient or overnight care, animal hospitals, veterinarians, or other similar services.
(d) Office, all others. A use or structure where business or professional activities are conducted and/or business or professional services are made available to the public, including tax preparation, accounting, architecture, legal services, psychological counseling, real estate, and securities brokering, and professional consulting services, but not including drive-through service windows, the cutting and styling or hair, or recreational facilities or amusements.
(7) Retail sales, service and repair.
(a) Animal sales and services - household pets. An establishment engaged in any of the following:
1. The retail sale, grooming, or care of domestic or household animals only, and which may include overnight accommodations. The retail sale of domestic animals (e.g., pet store) is permitted.
2. The maintaining, raising, harboring and/or boarding of four or more dogs, or six or more cats, or six or more dogs and cats is considered a primary "animal services and sales - household pets only" use.
3. Provision of veterinary medicine, dentistry, or surgery services by licensed veterinary practitioners for household or domestic pets only.
(b) Animal sales and services, all others. An establishment engaged in the retail sale, grooming, care, breeding, or boarding of animals, not restricted to domestic or household pets, and which may include overnight accommodations. Includes provision of veterinary medicine, dentistry, or surgery services by licensed veterinary practitioners and animal kennels or other animal boarding facilities not limited to domestic or household pets.
(c) Appliance sales and repair. An establishment primarily engaged in the sale, maintenance, or restoration of household or domestic appliances.
(d) Auction houses. An establishment involving a sale barn or sale pavilion and its contiguous surroundings where two or more auctions are held within any 12-month period. Each day goods or real estate are being offered for sale at auction constitutes one auction. For facilities used exclusively for the auctioning of livestock see division (E)(10) of this section.
(e) Banks and financial institutions. An establishment including a chartered bank, saving association, credit union, or industrial loan company, primarily engaged in the business of providing banking and related financial services to customers, but excluding any establishment whose primary purpose is to provide cash advances, pay day loans, pay day advances, and similar services.
(f) Food catering service. An establishment where food and/or beverages, intended for sale or distribution, are prepared in bulk or individual portions, for service in bulk or individual portions, at another location.
(g) Fueling stations. A building and premises where the primary use is the supply and dispensation of retail gasoline, diesel fuel, oil, grease, batteries, tires, motor vehicle accessories, and electric vehicle charging stations, and where minor repair services may be provided. This service shall not include major vehicle repair. A parking space served by battery charging station equipment provides transfer of electric energy (by conductive or inductive means) to a battery or other energy source device in an electric vehicle.
(h) Grocery or market. Establishments primarily engaged in the direct retail sale of food items such as meats, cereals, grains, produce, baked goods, dairy products, canned and frozen prepared food products, beverages, cleaning supplies, pet food and supplies, pharmaceuticals, over-the-counter medicines, personal products, household goods, books and magazines, plants, and other sundry and similar items are available to be purchased by the consumer. Grocery retail includes grocery stores, supermarkets, meat or fish markets, fruit and vegetable markets, and other uses similar in nature and impact.
(i) Kennels. Any premises used to board, breed, sell, train, or treat more than three dogs, cats or other domestic pets who are more than six months old.
(j) Lawn equipment and small engine sales and service. An establishment engaged in the retail sale, rental, or mechanical repair of lawn mowers and small engines.
(k) Pawn shop. An establishment primarily engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker, and the sale of the property.
(l) Retail sales, service and repair, outdoor. The display and sale of products and services outside of a building or structure, including vehicles, garden supplies, gas, motor oil, food and beverages, boats and aircraft, farm equipment, motor homes, burial monuments, building and landscape materials, and similar materials or items.
(m) Retail sales, service and repair, special handling. Retail businesses that primarily sell products that require special handling due to risks to public safety. Example businesses include massage parlors, tattoo shops, piercing shops, vapor smoke shops, gun sales, truck stops, flea markets, swap meets, and hunting stores.
(n) Retail sales, service and repair, all others. A commercial enterprise that provides goods and/or services directly to the consumer, where the goods are available for immediate purchase and removal from the premises.
(8) Vehicle/equipment sales service and repair.
(a) Automobile services, light. Establishments providing routine maintenance and minor repair servicing of automobiles, which may include washing, cleaning, waxing, greasing, tire repair, wheel alignment, brake repair, muffler replacement, engine tune-up, flushing of radiators, servicing of air conditioners, and other activities of minor repair and servicing.
(b) Automobile services, heavy. Establishments providing major repairs and servicing of automobiles, including engine overhaul or replacement, body work, upholstery work, glass replacement, transmission overhaul, brake repair with drum and disc grinding, replacement of electrical accessories such as starters and alternators, frame alignment, and rebuilding of wrecked automobiles, excluding commercial wrecking, dismantling, junk yard, truck and tractor repair.
(c) Boat sales, rentals, and repair. Establishments primarily engaged in the sales, leasing, rental, and related servicing of new and used boats and similar items; excluding dismantling or junk yard.
(d) Heavy vehicle/equipment sales and rentals. Establishments primarily engaged in the sales, leasing, or rental, and related servicing, of high capacity mechanical devices for moving earth or other materials, and mobile power units including: carryalls, graders, loading and unloading devices, cranes, drag lines, trench diggers, tractors, augers, bulldozers, concrete mixers and conveyors, harvester combines and other major agricultural equipment and similar devices, trucks in excess of one-and-one-half tons or equipment for use in agriculture, mining, industry, business, transportation, building, or construction; or automobile hitches or trailers, house trailers, and recreational vehicles, but excluding commercial wrecking, dismantling, or junk yard.
(e) Light vehicle/motorcycle sales and rentals. Establishments primarily engaged in the sales, leasing, rental, and related servicing of new and used automobiles, light trucks, vans and sport utility vehicles limited to a capacity of not more than one-and-one-half tons, motorcycles, motor scooters, mopeds, all-terrain vehicles, snowmobiles, go- carts, automobile hitches or utility trailers, and similar items; excluding commercial wrecking, dismantling, or junk yard.
(D) Industrial, manufacturing, and wholesale primary uses.
(1) Communications and information.
(a) Small cell facility. A personal wireless service facility (defined by the Federal Telecommunications Act of 1996, as amended) or a wireless facility satisfying the following requirements: (a) each antenna, including exposed elements, has a volume of six cubic feet or less; and (b) the primary equipment enclosure located with the facility has a volume of 28 cubic feet or less. The volume of the primary equipment enclosure excludes: electric meters, concealment equipment, telecommunications demarcation boxes, ground based enclosures, backup power systems, grounding equipment, power transfer switches, and cutoff switches.
(b) Telecommunications towers. Any structure designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and other similar structures. This term also includes any antenna or antenna array attached to the tower structure.
(c) Telecommunications facilities. The plant, equipment, and property, including cables, wires, conduits, ducts, pedestals, antennas, towers, electronics, and other appurtenances used to transmit, receive, distribute, provide or offer telecommunications services.
(2) Industrial services.
(a) Chemical manufacturing and storage. An establishment used for the manufacture or storage of any chemical or chemically reactive products.
(b) Contractors, general. An establishment providing general contracting and/or building construction services for residential, farm, industrial, or commercial uses, and which typically does not involve outdoor storage of machinery or equipment. This definition includes: general building contractors; plumbing, heating, air conditioning; painting and paper hanging; electrical work; masonry, stonework, and plastering; carpentry and floor works; roofing, siding, and sheet metal work; glass and glazing work; installing building equipment; and special trade contractors.
(c) Contractors, heavy/contractor yard. Establishments providing general contracting and/or construction services other than for buildings, such as for highways and streets, bridges, sewers, and flood control projects, and which may involve outdoor storage of machinery or equipment, or a contractor yard for vehicles, equipment, materials and/or supplies.
(d) Food preparation and sales, commercial. Establishments primarily engaged in the preparation and production of prepared food items in individual servings for off-premises consumption and/or sale by others. Typical uses include wholesale bakeries, commissary kitchens, specialty food packaging and/or processing shops, and flight kitchens.
(3) Manufacturing.
(a) Manufacturing, fabricating, and assembly - general. A manufacturing establishment primarily engaged in the fabrication or assembly of products from prestructured materials or components; or a manufacturing establishment whose operations include storage of materials; processing, fabrication, or assembly of products; and loading and unloading of new materials and finished products, and does not produce or utilize in large quantities as an integral part of the manufacturing process, toxic, hazardous, or explosive materials. Because of the nature of its operations and products, little or no noise, odor, vibration, glare, and/or air and water pollution is produced, and, therefore, there is minimal impact on surrounding properties.
(b) Manufacturing, fabricating, and assembly - heavy. A manufacturing establishment whose operations include storage of materials; processing, fabrication, or assembly of products; and loading and unloading of new materials and finished products. Toxic, hazardous, or explosive materials may be produced or used in large quantities as an integral part(s) of the manufacturing process. Noise, odor, dust, vibration, or visual impacts, as well as potential public health problems in the event of an accident, could impact adjacent properties.
(c) Manufacturing or refinement of asphalt, cement, gypsum, lime, or wood preservatives. Establishments primarily engaged in manufacturing asphalt and tar paving mixtures or various compositions of asphalt or tar with other materials; manufacturing plaster, plasterboard, and other products composed wholly or chiefly of gypsum; manufacturing quicklime, hydrated lime, and "dead-burned" dolomite from limestone, dolomite shells, or other substances; or treating wood, sawed or planed in other establishments, with creosote or other preservatives to prevent decay and to protect against fire and insects.
(4) Mining, extraction, and energy conservation.
(a) Mineral extraction. Establishments primarily engaged in the process of removing or extracting minerals and building stone from naturally occurring veins, deposits, bodies, beds, seams, fields, pools, or other concentrations in the earth's crust. This term also includes the preliminary treatment of such ore or building stone.
(b) Sand and gravel extraction or sales. Establishments primarily engaged in the extraction of sand and gravel from an open pit to be processed and sold for commercial purposes.
(c) Solar energy conservation system. Any mechanism designed for the purpose of converting solar energy into mechanical or electrical power.
(d) Wind energy conservation system. Any mechanism including blades, rotors and other moving surfaces designed for the purpose of converting wind into mechanical or electrical power.
(5) Transportation facilities.
(a) Airport. A facility operated by an airport authority or governmental entity that provides infrastructure and services for air travel, together with all activities commonly associated with the operation of a major air carrier facility. Such services, infrastructure, and activities may include but are not limited to: landing fields; facilities for the parking, storage, fueling, repair, and rental of aircraft; passenger and baggage terminals; air cargo operations and associated facilities; public transportation infrastructure, including terminals and stations; safety facilities such as fire and police stations; open space uses such as agriculture, parks, golf courses, and recreation; energy production; retail, concessions, and other uses designed primarily to serve airline passengers, other airport users, and space; and other accessory uses as determined by the Administrator.
(b) Heliport and helipad. A facility for landing or take-off area for rotor craft that may include a passenger terminal and/or routine servicing of rotor craft.
(c) Mass transit facility. A facility for bus or other types of transportation service available to the public that move relatively large numbers of people at one time.
(d) Rail distribution yards. A facility for the operation of a line-haul or short-line freight railroad.
(e) Transportation services. Passenger services provided by public, private, or non-profit entities using modes such as express buses, minibuses, or vans.
(6) Waste related services.
(a) Automobile parts recycling center. An establishment where motor vehicles are dismantled for selling usable parts and which does not include a junk yard.
(b) Composting facility. A commercial or public solid waste processing facility where yard or garden waste is transformed into soil or fertilizer by biological decomposition.
(c) Recycling center. A facility where recoverable resources, such as newspapers, magazines, glass, metal cans, plastic materials, tires, grass and leaves, and similar items, except mixed, unsorted municipal waste or medical waste are collected, stored, flattened, crushed, bundled, or separated by grade or type, compacted, baled or packaged for shipment to others for the manufacture of new products. This use does not include SIC group 5015 (motor vehicle parts, used), which is listed as a separate use.
(d) Recycling drop-off facilities. A facility for the drop-off and temporary holding of materials such as paper, cardboard, glass, metal, plastic, batteries, and motor oil. Processing of materials is limited to glass breaking and separation.
(e) Recycling plant, scrap processor. A facility at which recoverable resources, such as newspapers, magazines, books, and other paper products; glass; metal and aluminum cans; waste oil; iron and steel scrap; rubber; organic materials; and/or other products are recycled and treated to return such products to a condition in which they may again be used for production or for retail or wholesale trade. This definition includes, but is not limited to, all uses in the following SIC group: 5093 Scrap and Waste Materials.
(f) Salvage or junk yards. A place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment, but excluding the purchase or storage of used furniture and household equipment, used cars in operable condition, used or salvaged materials as part of manufacturing operations.
(g) Solid waste facility. An establishment in which municipal solid waste is collected, separated by material, compacted, baled, or packaged for shipment to others for the manufacture of new products or for disposal. No manufacturing, remanufacturing, fabrication, or processing of new products occurs in this facility. This use may include a waste transfer station.
(7) Wholesale storage, warehouse and distribution.
(a) Automobile towing service storage yard. The assembling or standing of damaged or impounded vehicles for indeterminate periods of time, excluding the wrecking, dismantling, or repairing of vehicles.
(b) Bottled gas storage and distribution. A facility where compressed gas is stored in pressurized portable tanks and is the origin or destination point of tanks being transported.
(c) Self-storage facility. All or part of a building used for the storage of personal goods and/or materials.
(d) Truck freight terminal/distribution center. Any premises used by a motor freight company as a carrier of goods, that is the origin or destination point of goods being transported, for the purpose of storing, transferring, loading, and unloading goods, but excluding loading and unloading of freight accessory to an otherwise permitted use on the site.
(e) Vehicle storage, commercial. Establishments primarily engaged in the assembling or standing of operable vehicles for periods of more than one day. Such use does not include the storage of damaged, dismantled, or impounded vehicles. This land use need not be enclosed.
(f) Wholesale trade or storage, general. Establishments primarily engaged in one or more of the following activities: selling durable and nondurable goods to retailers; to industrial, commercial, institutional, farm, or building trade contractors; to professional businesses; or to other wholesalers. Activities may include physically assembling, sorting, and grading goods into large lots and breaking bulk for redistribution in smaller lots; the sale at wholesale and/or storage or warehousing of toxic and/or hazardous materials; providing accessory support services primarily to other businesses (rather than to individuals). Operations with more than 25% of sales to retail customers are categorized as "retail sales" rather than as "wholesale trade" uses. This use excludes self-storage facilities.
(g) Wholesale trade or storage, light. Establishments primarily engaged in selling durable and nondurable goods to retailers; to industrial, commercial, institutional, farm, building trade contractors; to professional business uses; or to other wholesalers. Activities may include physically assembling, sorting, and grading goods into large lots and breaking bulk for redistribution in smaller lots in such a way as to have a minimal impact on surrounding properties, excluding the sale at wholesale and/or storage or warehousing of toxic and/or hazardous materials.
(E) Agriculture primary uses.
(1) Anhydrous ammonia storage and distribution. A facility, or group of facilities, that receives, stores, and handles anhydrous ammonia.
(2) Aquaculture. An agricultural use in which food fish, shellfish or other marine foods, aquatic plants, or aquatic animals are cultured or grown to sell them or the products they produce. Includes fish hatcheries, growing tanks or raceways; the processing, storage, packaging and distribution of shellfish and fish; and accessory uses such as feed storage and water treatment facilities.
(3) Confined feeding. A facility engaged in the confined feeding of animals as defined in I.C. 13-11-2-40.
(4) Farm. A parcel or collection of parcels with an area of at least five acres used for the primary purpose of agriculture, horticulture, floriculture, or viticulture, including accessory facilities for the sale of produce, wine, and dairy products for sale, if most of the products for sale have been produced or grown by the owner of the land on which the facility is located.
(5) Food processing plants. A commercial operation that manufactures, packages, labels or stores food for human consumption and does not provide food directly to a consumer.
(6) Grain and feed mills. An establishment that produces food, including premixes, supplements, and concentrates, for animal (non-human) consumption from grain, grain byproducts, or alfalfa and other ingredients, without cooking.
(7) Plant nursery. An agricultural use in which plants are grown, cultivated, produced, or managed for the on-site or off-site sale of such plants or their products, or for their use in any other business, research, or commerce. Other customarily incidental products may be sold with the plants. Examples of plant nursery uses include: wholesale nurseries with greenhouses or garden stores; tree farms; flower farms; field nurseries; and sod farms. Plant nursery uses do not include forestry or logging uses, or the keeping of animals or livestock except where expressly permitted as an accessory use.
(8) Riding stables and academies. A commercial establishment where horses are boarded and cared for, and where instruction in riding, jumping, and showing is offered, and where horses may be hired for riding.
(9) Roadside produce stand. A structure for the display and sale of agricultural products grown on the site, with no space for customers within the structure itself.
(10) Sale barn for livestock. Establishments where the public may consign livestock for sale by auction open to public bidding or sold on a commission basis. It does not include breed or livestock associations operating subject to and in compliance with the provisions of the Future Farmer and 4-H groups, auction sales conducted in conjunction with county, state or private fairs, or auction sales conducted for a person whose livestock are sold on premises of the person.
(11) Slaughterhouse. A facility for the slaughtering and processing of animals and the refining of their byproducts.
(Ord. 2022-17, passed 7-19-2022)
SPECIFIC USES
§ 154.060 ACCESSORY DWELLING UNIT.
(A) An accessory dwelling unit must only be located within a single-family detached dwelling or as a separate dwelling unit on the same lot or parcel with a principal dwelling.
(B) No more than one accessory dwelling is permitted on any lot or parcel.
(C) The accessory dwelling unit must share the same sewage disposal and water supply systems as the principal dwelling unit.
(D) The accessory dwelling unit must be limited to a maximum of 25% of the total living area of the principal dwelling, but not less than 400 square feet.
(E) The accessory dwelling must contain no more than a living area, one bedroom, one bath and a kitchen.
(F) No new access points or driveways may be created or installed on the abutting street for vehicular access to the accessory dwelling unit.
(G) If separate from the principal dwelling unit, the accessory dwelling must meet all setback requirements of the principal dwelling and must not exceed 25 feet high.
(H) A detached accessory dwelling unit must conform to all applicable building design and material requirements applicable to the principal dwelling (see § 154.147).
(I) The owner must prepare a deed restriction or other legal instrument to be reviewed and approved by the Administrator. Following approval by the Administrator, the instrument must be recorded with the Johnson County Recorder. The instrument must include a statement that the principal dwelling and the attached accessory dwelling will remain in the same ownership, unless the dwellings can be separated onto individual building lots, each of which complies with all relevant lot area, setback, access, and other requirements of the ordinance, subject to town approval.
(Ord. 2022-17, passed 7-19-2022)
§ 154.061 ADULT BUSINESSES.
(A) Intent. It is recognized that some uses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, causing a harmful effect upon the adjacent areas. Therefore, the following intents are served by these regulations:
(1) This section describes the uses regulated and the specific standards necessary to ensure that the adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood, to prevent undesirable concentration of these uses, and to require sufficient spacing from uses considered most susceptible to negative impacts.
(2) These provisions are not intended to impose a limitation or restriction on the content of any communicative materials including adult materials protected by the First Amendment to the United States Constitution.
(3) It is not the intent of the provisions of this section to restrict or deny access by adults to adult materials protected by federal and state constitutions.
(4) It is not the intent of these provisions to deny access by the distributors and exhibitors of adult entertainment to their target market.
(5) These regulations do not intend to legitimize any activities prohibited by federal or state law, or by any other Ordinance of the Town of Bargersville.
(B) Regulations.
(1) An adult business and its accessory structures (including signs) must have a minimum separation of 1,320 feet from another adult business and its accessory structures.
(2) An adult business and its accessory structures must have a minimum separation of 660 feet of any parcel in a residential district or any parcel used for a residence, public park, school, childcare facility, church, or similar place of worship, public library, government offices, police department or fire department, youth center, or commercially operated school attended by children such as dance schools, gymnastic centers, and the like ("protected uses"). The distance between a proposed adult business and any protected use is measured in a straight line from the nearest property line upon which the proposed adult business is to be located to the nearest property line of the protected use.
(3) Any sign or advertising for the adult business must comply with the provisions of this chapter (see § 154.113). No sign or advertising may include photographs, silhouettes, or drawings of any specified anatomical areas or specified sexual activities, or obscene representations of the human form, and may not include animated or flashing illumination.
(4) The entrances to the proposed adult business at both the exterior and interior walls, in a location visible to those entering and exiting the business, must be clearly marked with lettering at least two inches in height stating: "Persons under the age of 18 are not permitted to enter the premises".
(5) No product, picture, or service for sale or gift may be displayed to be visible by a person of normal visual awareness from the nearest adjoining roadway or a neighboring property.
(6) Hours of operation are limited to 9:00 a.m. to 11:00 p.m., Monday through Saturday.
(7) All off-street and on-site parking areas must comply with this chapter (see § 154.112), based on the primary use (i.e., retail, assembly, etc.) and must be illuminated at all times (see § 154.111).
(8) Any booth, room or cubical available in any adult business used by patrons for the viewing of any entertainment shall:
(a) Be unobstructed by any door, lock, or other entrance and exit control device;
(b) Have at least one side completely open to a public, lighted aisle so there is an unobstructed view of any occupant at all times from the adjoining aisle;
(c) Be illuminated such that a person of normal visual acuity looking into the booth, room, or cubical from its entrance adjoining the public lighted aisle can clearly determine the number of people within;
(d) Have no holes or openings in any side or rear wall unrelated to utility, ventilation, or temperature control services or otherwise required by any governmental ordinance or authority.
(C) Conditions of approval. Before granting approval for the establishment of any adult business, the BZA may impose any conditions or limitations upon the establishment, location, construction, maintenance, or operation of the adult business necessary for the protection of the public interest. Any evidence, bond, or other performance guarantee may be required as proof that the conditions stipulated in connection are fulfilled.
(D) Access to minors. No person operating an adult business may permit any person under the age of 18 to be on the premises of the business as an employee, customer, or otherwise.
(E) Definitions.
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration an electronically, electrically, or mechanically controlled still or motion picture machine, projector, video or disc player, or other image producing device is maintained to show images to five or fewer persons per machine at any one time, and where the image is so displayed or distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".
ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE. A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration, any one or more of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, discs or other video reproduction, slides, or other visual representations which are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
(b) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities".
ADULT BUSINESS or SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude modeling studio, sexual encounter center, or massage parlor; provided, "massage parlor" shall not include a spa, medical facility, athletic club, or similar business where physical therapy and/or massages are offered by a massage therapist licensed to practice in the State of Indiana.
ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(a) Persons who appear live in a state of nudity or semi-nudity; or
(b) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or
(c) Films, motion pictures, video cassettes or discs, slides or other video or photographic reproductions which are distinguished or characterized by the depiction of "specified sexual activities" or "specified anatomical areas".
ADULT MOTEL. A hotel, motel, or similar commercial establishment which:
(a) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" and has a sign visible from the public right-of-way which advertises the availability of this type of photographic reproduction; or
(b) Regularly offers a sleeping room for rent for a period less than ten hours; or
(c) Regularly allows a tenant or occupant of a sleeping room to sub-rent the room for a period less than ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, videos, slides, or other similar photographic reproduction are regularly shown which are consistently distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
SPECIFIED ANATOMICAL AREA. Means either:
(a) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(b) Less than completely and opaquely covered human genitals, attached pubic hair, buttocks or a female breast below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITY. Means any one of the following:
(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(b) Sex acts, normal or perverted, actual, or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
(c) Excretory functions as a part of or in connection with any of the activities set forth in the definitions for ADULT ARCADE, ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE.
(Ord. 2022-17, passed 7-19-2022)
§ 154.062 BED AND BREAKFAST.
(A) A bed and breakfast must be operated according to applicable Johnson County Health Department requirements.
(B) A bed and breakfast must not contain more than five guest rooms plus a common area for use by all guests.
(C) A bed and breakfast establishment must be located only in a detached single-family dwelling, designed, and constructed for single family use, which containing at least 1,500 square feet of livable floor area. For each guest room more than two, an additional 100 square feet of floor area is required.
(D) The bed and breakfast must be the principal residence of the owner, who resides there when the bed and breakfast is in operation. If the owner is not in residence in the dwelling unit for 14 consecutive days or more, the bed and breakfast must be closed until the owner returns.
(E) Meals for guests are limited to breakfast and evening snack and must not be available to members of the public other than the owner's family.
(F) There must be at least one parking space provided for each guest room in addition to the parking spaces required to serve the principal residence.
(G) One sign, not exceeding four square feet, is allowed for identification purposes only. Sign lighting must be external and shielded from view off site. Internally lighted signs are not permitted.
(H) Cooking facilities are prohibited in bed and breakfast guest rooms.
(I) Exterior refuse storage facilities must be screened from view on all sides by a six-foot solid decorative fence or wall (see § 154.110(H)), or by other screening approved by the Board of Zoning Appeals.
(J) The maximum stay for any guest of a bed and breakfast is ten consecutive days, not to exceed a total of 30 days in any 12-month period. A guest register accurately showing the names of the guests and the dates and duration of their stays must be maintained by the owner and made available to the Administrator upon request.
(K) In addition to the site plan required by §§ 154.180 to 154.183, a floor plan of the dwelling unit and the use of each room must also be submitted with the special exception use application.
(Ord. 2022-17, passed 7-19-2022)
§ 154.063 CHILDCARE FACILITIES.
These standards apply to childcare facilities in all zoning districts where permitted and do not apply to childcare homes.
(A) A childcare facility must not be located on a lot with a property line within:
(1) One thousand feet of any known business that has a permit for hazardous materials or regulated substances, excluding underground fuel storage tanks;
(2) One thousand feet of any known business handling compressed flammable gases more than 1,500 pounds;
(3) One thousand feet of any known business handling flammable liquids more than 10,000 gallons;
(4) Five hundred feet of another childcare facility.
(B) Separation distance is measured from the property line of the proposed day care facility to the use, storage, or handling areas for the regulated substances. For businesses containing a childcare facility on site, the distance is measured from the exterior wall of the childcare facility to the area(s) containing the regulated substances.
(C) The childcare facility operator has the burden of proof of demonstrating compliance with the separation requirement.
(D) Drop-off and pick-up of children from vehicles is permitted only in driveways and approved parking areas and is not permitted in the public street directly in front of the facility.
(E) All outdoor play and activity areas must be enclosed with a fence at least four and one- half feet high.
(F) All outdoor play and activity areas must be separated from vehicular circulation and parking areas, equipment enclosures, storage areas, and refuse and recycling storage areas.
(Ord. 2022-17, passed 7-19-2022)
§ 154.064 DRIVE-THROUGH FACILITIES.
(A) The drive-up or drive-through facility must be attached to a building. An automated teller machine may be in a stand-alone structure with a canopy or roof to protect users from the elements.
(B) The facility must be screened from any adjacent residential district or use (see § 154.110(E)). Lighting must be limited and fully shielded to prevent glare and light trespass.
(C) Drive-through/stacking lanes and parking lot access must be clearly identified and delineated.
(D) A drive-through must have an escape lane to allow a vehicle to pass those waiting to be served. This requirement may be waived if the applicant can demonstrate that such a waiver will not adversely impact public safety or inconvenience patrons (see § 154.145).
(E) All drive-through service windows must be located on the side or rear of the building to minimize visibility from a public or private street.
(F) Amplified speakers and sound equipment must be located at least 60 feet from any adjoining residential district. Additional landscaping and fencing must be installed between the equipment and the adjoining residential district to minimize associated noise impacts.
(G) Stacking spaces must be provided per each drive through lane per § 154.112(D)(13).
(Ord. 2022-17, passed 7-19-2022)
§ 154.065 HELIPORTS AND HELIPADS.
(A) The proposed heliport and all accessory facilities and equipment must be constructed, operated, and maintained according to the published rules, regulations, and guidelines of the Federal Aviation Administration and the Indiana Department of Transportation, Aviation Programs Division.
(B) The proposed heliport and all accessory facilities and equipment must conform to NFPA Standard 418, Standards for Heliports, 2006 Edition, except for Section 9.1.2, exempting certain heliports from the requirement to be equipped with portable fire extinguishers, does not apply. Portable fire extinguishers are required at all heliports, located, and stored in a manner approved by the Fire Marshal.
(C) The use must be located on a lot with a minimum area of ten acres.
(D) The touchdown and lift-off area (TLOF), as defined in Federal Aviation Administration Advisory Circular 150/5390-2B, or any successor advisory circular, must comply with the following minimum separation distances from:
(1) The boundary of any property zoned Industrial Marshal (I-1): 150 feet;
(2) The boundary of property in any other zoning district: 300 feet;
(3) A building on property, other than property owned by the applicant, zoned Industrial (I-1): 200 feet;
(4) A building on property in any other zoning district: 500 feet.
(E) A helicopter must not remain in operation on the ground for longer than necessary for startup/shutdown, loading and otherwise essential ground operations (generally no longer than five minutes).
(F) As a condition of special exception approval, the Board of Zoning Appeals may impose limits on:
(1) The size and type of rotorcraft permitted to use the facility;
(2) The allowable hours of use of the facility;
(3) The frequency of helicopter operations permitted at the facility; and
(4) The location, design, type, size, and use of any exterior lighting, buildings, fuel storage, or other equipment or facilities associated with the heliport.
(G) The provisions of this section do not apply to emergency operations conducted by law enforcement, public safety agencies, or emergency medical service providers.
(Ord. 2022-17, passed 7-19-2022)
§ 154.066 HOME OCCUPATIONS.
(A) Permit. Application for a home occupation permit is made to the Administrator, with payment of a fee established by the Town Council. The requirement for a permit is waived if all these conditions apply to the home occupation:
(1) The proposed home occupation will not employ any persons other than residents of the dwelling;
(2) The home occupation will not generate customers, clients, or visitors to the home; and
(3) All other provisions of this section shall be met.
(B) Standards. The following standards must be met for all home occupations:
(1) The use must be conducted entirely within the dwelling; a garage or accessory building may be used for a limited amount of storage of items associated with the home occupation, such as product samples for a salesperson.
(2) The use must be carried on only by the residents of the dwelling and no more than one other person.
(3) The use of the dwelling for a home occupation must be clearly accessory, incidental, and subordinate to the permitted principal residential use, and must not occupy more than 20% of the livable floor area of the principal dwelling, and not more than 50% any one floor.
(4) The appearance of the dwelling must not be altered. The occupation within the dwelling must be conducted so that the premises retains its residential character in use of colors, materials, construction, lighting or the emission of sounds, vibrations or light that carry beyond the premises.
(5) No outdoor storage, activities, or displays are permitted, except a wall sign, not exceeding one square foot and not illuminated, may be mounted on the front of the principal dwelling.
(6) No combustible, toxic, or hazardous materials may be used or stored on the premises relating to the home occupation.
(7) There must be no activity to interfere with radio or television transmission in the area, nor any offensive noise, vibrations, smoke, dust, odors, heat, or glare noticeable at or beyond the property line. The use must not create a nuisance for the public and any surrounding property.
(8) Traffic generated by the combined home and home occupation must be compatible with traffic normally expected in a residential district. Vehicles used in the home occupation or making deliveries must be no larger than utility vehicles commonly used for noncommercial purposes, i.e., pick-up trucks, vans, panel trucks, and parcel package delivery trucks.
(9) Retail sales are not permitted, except mail order or internet sales where the product sold is shipped directly to the buyer and no customers visit the home.
(10) The home occupation must only be open for customers or clients to visit the home on weekdays within the hours of 8:00 a.m. to 5:00 p.m., excluding holidays recognized by the Town of Bargersville.
(C) Other provisions.
(1) The Administrator may impose reasonable conditions to ensure compliance with the standards of this division and protect surrounding properties from potential nuisance effects associated with the home occupation.
(2) A permit for a home occupation is not transferrable to another location or any person other than the original applicant.
(3) The home occupation is subject to periodic inspection following reasonable notice to the permittee.
(4) Noncompliance. In the event any conditions of this division are not met, the Administrator will provide written notice of noncompliance and set a time limit for compliance or correction. If corrective action is not taken within the specified period, the home occupation permit will be revoked and the occupation ceases (see § 154.183).
(Ord. 2022-17, passed 7-19-2022)
§ 154.067 MANUFACTURED HOME PARKS.
These provisions apply to manufactured home parks in any zoning district.
(A) Manufactured home parks must be a minimum of five acres.
(B) Manufactured homes may be permanently occupied when located within a manufactured home park. Manufactured home parks require site plan approval and must be developed in accordance with the requirements of this chapter (see § 154.180(F)). Manufactured homes for permanent occupancy must meet the standards for the zoning district in which it is located and the following requirements:
(1) An improvement location permit is required for the placement of any manufactured home;
(2) A manufactured home must not be located under overhead electric lines;
(3) Manufactured homes must be skirted before occupancy;
(4) Accessory structures for storage on individual sites must meet setback requirements and require an Improvement location permit;
(5) Driveways must be located for convenient access to service entrances and collection points of buildings;
(6) Parking for residents and visitors must be provided on the manufactured home site or in common parking facilities. Parking areas must not interfere with pedestrian walkways;
(7) Sidewalks at least five feet wide must be provided along both sides of the street to provide continuous, safe pedestrian circulation. Walkways are encouraged in common areas to connect frequently used public facilities and improve circulation throughout the site;
(8) A storage area of at least 120 square feet must be provided for each dwelling unit. This storage area may consist of a closet area, attic, or in a detached accessory building comply with the provisions of this chapter;
(9) Covenants applying to the entire site must be submitted with the site plan application. The covenants must be recorded prior to issuing an improvement location permit for the site. The covenants must contain the following:
(a) Each occupant of a manufactured home site must be provided a copy of the recorded covenants.
(b) The placement or replacement of a manufactured home must comply with the requirements of this chapter.
(c) Accessory structures must meet the required setbacks and require and improvement location permit.
(d) The manufactured home park owner is responsible for ensuring all sites and common areas are maintained in neat and orderly condition.
(e) On-street parking of boats, trailers, semi-trucks, etc. is prohibited.
(Ord. 2022-17, passed 7-19-2022)
§ 154.068 OUTDOOR SALES DISPLAY.
(A) Any proposed outdoor sales display must be delineated on an approved site plan and in accordance with the following:
(1) The site plan must include the types of merchandise and products, location, landscaping, and other improvements of the outdoor sales display area.
(2) Pedestrian circulation areas must not be obstructed.
(3) Outdoor sales display areas must be delineated and compatible with the design of the building and the context of the site.
(4) Enhanced screening or landscaping ensuring the compatibility of the proposed use with adjoining areas may be required.
(5) Approval of an amendment to the site plan is required prior to altering an outdoor sales display area.
(B) The following uses are exempt from the outdoor sales display requirements:
(1) Automobile dealerships, and other similar uses as determined by the Administrator or Plan Commission.
(2) Outdoor sales displays that otherwise comply with the outdoor storage standards above.
(3) Merchandise associated with a temporary use or event.
(Ord. 2022-17, passed 7-19-2022)
§ 154.069 OUTDOOR EATING AREAS.
Outdoor cafes and eating areas in any zoning district are subject to these standards.
(A) Town Council approval is required if any portion of the outdoor eating area encroaches into a public sidewalk or right-of-way.
(B) All outdoor eating areas must conform to State and County Health Department regulations and code.
(C) Music and other audio devices must be maintained at a level inaudible 40 feet from the source or 90 decibels or less when measured six feet from source.
(D) Outdoor eating areas must not impede pedestrian traffic or force pedestrians into vehicle travel lanes. A five-foot pedestrian access area must be maintained on the perimeter of the outdoor cafe and eating area. The pedestrian access area must remain clear of obstructions.
(E) Outdoor eating areas used for more than seven days in a calendar year are deemed permanent. Permanent outdoor cafes and eating areas require § 154.180(G) to ensure compliance with this chapter and compatibility with the surrounding area and zoning district.
(Ord. 2022-17, passed 7-19-2022)
§ 154.070 OUTDOOR STORAGE.
(A) Outdoor storage is only permitted as a special exception use, accessory to principal uses in the C-3 and I-1 Districts.
(B) The outdoor storage area must be fenced on all sides (see § 154.110(H)).
(C) Any side that is visible to adjoining properties in a residential district, parking lots or abutting streets must be screened according to the requirements of § 154.110(H).
(D) If approved as part of the special exception use, the required screening may be comprised of suitable plant material, if determined the alternate materials will provide the same level opacity, screening, and compatibility with adjoining properties as a fence or wall.
(Ord. 2022-17, passed 7-19-2022)
§ 154.071 SHORT-TERM RENTALS.
(A) These standards are intended to ensure compatibility between short-term rentals and the residential character of the surrounding neighborhood. Short-term rentals must meet the standards contained in this chapter and be operated so the average neighbor, under normal circumstances, is not aware of their existence.
(B) The following circumstances do not constitute a short-term rental:
(1) Family occupancy. Any member of a family and the family's guests may occupy a dwelling if owned by the family. Family occupancy extends to guest houses or similarly separate dwellings legally located on the same premises as the primary building and used without remuneration to the owner.
(2) House sitting. During the temporary absence of the owner and the owner's family, the owner may permit non-owner occupancy without remuneration to the owner.
(3) Dwelling sales. Occupancy of up to 90 days after closing by a prior owner after the sale of a dwelling is permitted.
(4) Estate representative. Occupancy by a personal representative, trustee, or guardian of the estate, with or without remuneration is permitted.
(C) All short-term rentals are subject to the following performance standards:
(1) When provided off-street parking must occur only on designated paved portions of the lot, such as driveways.
(2) Rental of the dwelling is done in a manner consistent with the character of the surrounding neighborhood.
(3) The owner provides the renter the following information prior to occupancy and posts this information in a conspicuous location within the dwelling:
(a) Notification of the maximum occupancy permitted in the dwelling;
(b) The name and telephone number of the contact person who may be reached any time the dwelling is rented;
(c) Notification and instructions of the parking locations;
(d) A copy of this chapter, as amended; and
(e) Notification that a renter may be cited or fined by the town, in addition to any other remedies available at law, for violating any provisions of this chapter.
(4) The owner's contact person must always be available to accept calls when the dwelling is rented. The contact person must have a key to the dwelling and be capable of being physically present at the dwelling within three hours to address issues.
(5) The appearance of the dwelling must not conflict with the residential character of the neighborhood. The dwelling must be properly maintained and kept in good repair, so the use does not detract from the general appearance of the neighborhood.
(6) Renters must not encroach on neighboring properties.
(7) The premises must be maintained free of debris and unwholesome substances. Garbage must be kept in a closed container and disposed of on a regular, weekly schedule.
(8) Renters must not create a nuisance. For purposes of this chapter, a nuisance includes, but is not limited to, any activity that violates the town noise regulations or fireworks regulations.
(9) Short-term rentals must not be used to house sex offenders; operate a structured sober living home; manufacture, exhibit, distribute, or sell illegal drugs, liquor, pornography, or obscenity; or operate an adult business as defined in I.C. 12-7-2-1.8.
(10) A short-term rental permit is required prior to the use of any property as a short-term rental. Any change in the use or construction of a dwelling resulting in noncompliance with town or state standards, as determined by the Administrator, will void the short-term rental permit approval.
(Ord. 2022-17, passed 7-19-2022)
§ 154.072 SMALL CELL FACILITIES.
(A) Small cell facilities must be operated and maintained in a manner that does not interfere with public safety (police, traffic control, fire, and emergency services) equipment.
(B) If the Administrator determines a wireless provider's activity in the right-of-way creates an imminent risk to public safety, the Administrator may provide written notice to the wireless provider demanding correction of the risk. If the wireless provider fails to address the risk within 24-hours of the notice, the town may act to address the risk and charge the wireless provider the documented cost of such actions.
(C) Permitted use. A wireless provider has the right as a permitted use (subject to review and conditions) to collocate small cell facilities and install, maintain, modify, operate, and replace poles in the right-of-way. Structures and facilities must be installed and maintained to not create a safety hazard, obstruct or hinder the public's safe use of the right-of-way, or obstruct the legal use of the right-of-way by utilities.
(D) Permit requirements.
(1) A permit is required prior to collocating a small cell facility or installing a new, modified, or replacement pole or support structure associated with a small cell facility. The town may require an applicant to obtain additional permits provided the additional permits do not apply exclusively to small cell facilities. If a wireless provider fails to comply with the permit requirements, the town, in its sole discretion, may restore the right-of-way to its prior condition and charge the wireless provider the documented cost of restoration, plus a penalty not to exceed $1,000.
(2) Within rights-of-way under the control of the Indiana Department of Transportation (INDOT), the wireless provider requests the town's written consent to the wireless provider's application for an INDOT permit. The town cannot unreasonably withhold their consent.
(3) Applications required by this article are filed with the Administrator on forms provided by the Administrator in the number and manner designated. The applicant may designate portions of the application containing proprietary or confidential information by clearly marking each such page as "proprietary" or "confidential". The town endeavors to protect the designated materials from public disclosure to the fullest extent permitted by state law.
(Ord. 2022-17, passed 7-19-2022)
§ 154.073 SOLAR ENERGY CONVERSION SYSTEMS AS ACCESSORY USES.
(A) Solar energy systems are a permitted accessory use in all zoning districts, subject to the requirements of this section. Solar carports and associated electric vehicle charging equipment are a permitted accessory use on surface parking lots in all districts regardless of the existence of another building. Ground-mounted systems do not count toward the maximum number of accessory structures permitted.
(B) Solar energy systems must meet the following height requirements:
(1) Building or roof-mounted solar energy systems cannot exceed the maximum height allowed in the zoning district where the solar energy system is located. For purposes of height measurement, solar energy systems other than building-integrated systems are permitted the same height exceptions as building-mounted mechanical equipment.
(2) Ground- or pole-mounted solar energy systems cannot exceed 15 feet in height when oriented at maximum tilt.
(3) Solar carports in non-residential districts cannot exceed 20 feet in height.
(C) A solar energy system must meet the accessory structure setback for the zoning district where it is located and the requirements below.
(1) Roof- or building-mounted solar energy systems. The collector surface and mounting devices for roof-mounted solar energy systems cannot extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated. Exterior piping for solar hot water systems is allowed to extend beyond the perimeter of the building on a side yard. Solar collectors mounted on the sides of buildings and serving as awnings are considered building-integrated systems and are regulated as awnings.
(2) Ground-mounted solar energy systems. Ground-mounted solar energy systems cannot extend into a side or rear yard setback when oriented at minimum design tilt.
(D) Solar energy systems in residential districts must minimize visual impacts from the public right-of-way to the extent that doing so does not adversely affect the cost or efficacy of the system, consistent with I.C. 36-7-2-8.
(1) Building-integrated photovoltaic systems. Building-integrated photovoltaic solar energy systems are allowed even if the system is visible from the public right-of-way. If the building component where the system is integrated meets all required setback, land use, or performance standards for the district where the building is located.
(2) Aesthetic restrictions. Roof-mounted or ground-mounted solar energy systems cannot be restricted for aesthetic reasons if:
(a) The system is not visible from the closest edge of any public right-of-way other than an alley.
(b) Roof-mounted systems on pitched roofs visible from a right-of-way have the same pitch as the roof and are no more than ten inches above the roof.
(c) Roof-mounted systems on flat roofs visible from a right-of-way are not more than five feet above the finished roof. Such systems are exempt from any rooftop equipment or mechanical system screening requirements.
(3) Reflectors. Solar energy systems using a reflector to enhance solar production must minimize the glare from the reflector onto adjacent or nearby properties.
(E) A ground-mounted system must meet the lot coverage requirements for the zoning district where it is located except:
(1) Ground-mounted systems are exempt from lot coverage or impervious surface standards if the soil under the collector is maintained in vegetation and not compacted.
(2) Solar carports in non-residential districts are exempt from lot coverage limitations.
(F) Solar energy systems requiring a building permit or improvement location permit must provide a site plan with the permit application.
(G) Electric solar energy system components must have an Underwriters Laboratory (UL) or equivalent listing and solar hot water systems must have a Solar Rating and Certification Corporation (SRCC) or equivalent rating.
(H) Solar energy systems require approval of local building code officials, consistent with the State of Indiana Building Code. Solar thermal systems must comply with HVAC-related requirements of the Energy Code and applicable Indiana State Plumbing Code requirements. Photovoltaic systems must comply with the Indiana State Electric Code.
(I) For grid-tied solar energy systems, the interconnection application must be submitted to the utility prior to applying for required town permits. Off-grid systems are exempt from this interconnection application requirement.
(Ord. 2022-17, passed 7-19-2022)
§ 154.074 SOLAR ENERGY CONVERSION SYSTEMS AS PRIMARY USES.
The town permits the development of commercial- and large-scale solar energy systems where they present few land use conflicts with current and future development patterns, and they meet the requirements below.
(A) Site design.
(1) Setbacks. Large-scale solar arrays must meet the following setback requirements:
(a) The setback from a non-participating landowner's property line must meet the setback for principal buildings or structures for the district where the system is located.
(b) Setbacks between parcels participating in the project may be waived upon agreement of the landowners.
(c) Setbacks from roadways: 50 feet for arterial streets and 40 feet for all other streets.
(d) Setbacks from residential dwellings: 150 feet from any existing residential dwelling unit of a non-participating landowner. Setbacks from participating landowner dwelling units must meet building setbacks or required yards for the district where the project is located.
(e) The setback distance is measured from the edge of the solar energy system array, excluding security fencing, screening, or berming.
(f) Setbacks may be reduced by up to 50%, but in no case be less than 30 feet, if the array has a landscape buffer that screens the array from view.
(2) Screening. Large-scale solar energy systems must be screened from existing residential dwellings. A landscape plan showing the type and extent of proposed screening is required as part of the site plan application. The screening must be consistent with the town's buffer landscaping standards used when for land uses requiring screening.
(3) Height. Large-scale solar energy systems cannot exceed a height of 20 feet.
(4) Ground cover and buffer areas. Large-scale ground-mounted solar energy systems must comply with the following standards. The town may require additional site-specific conditions.
(a) The ground under and around solar panels and within the buffer areas must be planted, established, and maintained in perennial vegetated ground cover.
(b) To the maximum extent feasible for the site conditions, the ground cover should be a diverse seed mix of native species specific to the local area. The applicant should seek guidance from a landscape architect, the Soil and Water Conservation District Office, or the Indiana Native Plant Society.
(c) The owner/operator must maintain the ground cover removing invasive or noxious plant species identified by the Indiana Invasive Species Council without harming perennial vegetation.
(d) Solar energy systems proposing to install, establish, and maintain pollinator-friendly vegetative cover must demonstrate the quality of their habitat by using guides such as Purdue University 2020 Indiana Solar Site Pollinator Habitat Planning Scorecard, or other third party solar-pollinator scorecards designed for Midwestern ecosystems, soils, and habitat.
(e) Projects certified and maintained as pollinator-friendly compliant are exempt from landscaping requirements and post-construction stormwater management controls that may be otherwise required under the town's development regulations, unless required due to written commitments or conditions of approval by the Plan Commission or the BZA.
(5) Foundations. The application for building permits must include a certification by a qualified engineer that the design of the solar panel racking, and support is within accepted professional standards, given local soil and climate conditions.
(6) Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings must be buried underground. Power and communication lines between the project and the point of interconnection with the transmission system may be overhead.
(7) Barbed wire or woven wire fencing are not permitted as perimeter fencing for the site. Wildlife-friendly fencing designs that include clearance at the bottom of the fence are preferred. Alternative fencing can be used if the site is incorporating agrivoltaics.
(B) Large-scale solar projects are subject to the town's stormwater management, erosion, and sediment control provisions and Nonpoint Pollution Discharge Elimination System (NPDES) permit requirements. Solar collectors are not considered impervious surfaces if the project complies with ground cover standards described in this article.
(C) Large-scale solar projects must comply with all applicable local, state and federal regulatory codes, including the State of Indiana Uniform Building Code, as amended, and the National Electric Code, as amended.
(D) Site plan required. Site plan approval is required for large-scale solar projects. The site plan must show the locations of all solar arrays, other structures, property lines, rights-of-way, service roads, floodplains, wetlands, and other protected natural resources, topography, electric equipment, and all other characteristics requested by the town. The site plan should show all zoning districts and overlay districts.
(E) Decommissioning. A decommissioning plan is required to ensure that facilities are properly removed after their useful life.
(1) Decommissioning of the system occurs if the project does not produce power for 12 consecutive months. An owner may petition for an extension of this period upon showing of reasonable circumstances causing the delay in the start of decommissioning.
(2) The decommissioning plan identifies provisions for removing all structures and foundations to a depth of 48 inches, restoring soil and vegetation, and assurances that financial resources will be available to fully decommission the site.
(3) The Plan Commission or Administrator may require the posting of a bond, letter of credit, or other financial surety to ensure proper decommissioning.
(Ord. 2022-17, passed 7-19-2022)
§ 154.075 TEMPORARY USES.
Except for garage and yard sales, a permit is required for all uses regulated by this section. A permit application and required fee is submitted to the Administrator for each proposed temporary use. The uses in this section are subject to the town's special event policy and itinerant merchant regulations. Town Council approval is required is required for any temporary use that encroaches into any public right-of-way.
(A) Construction buildings. Construction buildings and structures incidental to construction work on a lot may be placed according to the following:
(1) Construction buildings and structures may only be used for the storage of materials, tools, supplies, and equipment, for construction management and supervision offices, and for temporary on-site sanitation facilities related to construction activity on the lot. An enclosed structure for temporary sanitation facilities is required on all construction sites.
(2) No construction building or structure may be used as a dwelling unit.
(3) A permit must be obtained from the Administrator prior to installation of a construction building or structure.
(4) Construction buildings and structures must be removed from the site within 15 days after an occupancy permit is issued for the permanent structure by the Administrator, or within 15 days after the expiration of a building permit issued for construction on the lot.
(B) Garage and yard sales.
(1) A garage or yard sale may be conducted on any premises up to three times each calendar year for up to three consecutive days for each sale.
(2) The sale of goods or products purchased exclusively for resale, or the sale of consignment goods and products, is prohibited.
(3) The garage or yard sale must only be conducted between the hours of 8:00 a.m. and 5:00 p.m.
(4) All personal property, goods, and products exhibited during the sale must be removed from the outside and placed within a fully enclosed building at the end of each day of the sale. At the conclusion of the sale, all signs must be removed within 24 hours.
(C) Sales offices. Sales offices or model homes may be placed on a lot according to the following:
(1) A permit must be obtained from the Administrator prior to installation or construction. The permit must specify the location of the office and is valid for up to one year. A temporary permit may be renewed by the Administrator for up to two successive one-year periods at the same location, if determined the temporary building is still necessary.
(2) Only transactions related to the development where the temporary building is located may be conducted within the building. General offices for real estate, construction, development, or other related businesses associated with the project are not permitted.
(D) Seasonal sales. The temporary outdoor sale of seasonal goods such as, fireworks, Christmas trees, and landscaping material must meet the following requirements:
(1) The duration of the sales activity must be specified in the required license application.
(2) All signs, stands, structures, displays, merchandise, or other physical components associated with the sale must be set back a minimum of 25 feet from the street right-of-way line and all adjoining property lines.
(3) Off-street parking must be provided in an amount determined by the Administrator to be consistent with other similar uses listed in § 154.112. All required parking must be on a paved surface.
(4) Hours of operation must not extend later than 9:00 p.m.
(5) Outdoor lighting must be approved by the building official and lighting levels must be reduced during nonbusiness hours to provide sufficient light for security purposes but not create glare or light spill onto adjoining streets or properties.
(E) Sidewalk sales.
(1) A maximum of two events may be held per calendar year for no more than 14 consecutive days for each event, unless otherwise specifically permitted in this subsection. These requirements do not apply to flea markets.
(2) The location of any sign, stand, structure, display, merchandise, or other physical component associated with the sidewalk sale shall not:
(a) Obstruct more than 50% of the width of the public sidewalk;
(b) Obstruct the clear vision triangle, as specified in § 154.099; and
(c) Otherwise threaten the health, welfare and/or safety of the public.
(3) All items for sale, signs, stands or temporary structures associated with a sidewalk sale must be removed and placed inside the store upon close of business each day.
(F) Temporary storage units.
(1) Registration of temporary storage units.
(a) Prior to the initial delivery of a temporary storage unit, the property owner, occupant of the premises (if not the owner), or storage unit supplier must register the placement of the storage unit with the Administrator unless the storage unit will be removed within 72 hours of its delivery.
(b) Registration requirements.
1. Completing the required application form and providing the property owner's or occupant's (if not the owner) name, size of the temporary storage unit to be registered, the address where the storage unit will be placed, delivery date, removal date, and a sketch illustrating the location and placement of the storage unit;
2. Written approval of the application by the Administrator;
3. The effective date of the registration is the date of the application's approval.
(2) Placement requirements.
(a) Placement of a temporary storage unit on property located within the Town of Bargersville requires registration with the Administrator.
(b) Temporary storage units must only be placed upon or within a driveway or a parking area or, if access exists at the side or rear of the lot, the side or rear yard.
(c) No temporary storage unit may be placed upon or within a street, sidewalk, street right-of-way or lawn area between the edge of pavement and sidewalk.
(d) The temporary storage unit must not be located at the registered address for more than ten consecutive days, including the days of delivery and removal. If the unit is needed to for cleanup and/or restoration of activities resulting from natural disasters, fire, or remodeling, the unit may be located on the property for up to 90 consecutive days.
(e) Each lot may contain two storage units at once and a maximum of one registration in any 12-month period.
(f) The temporary storage unit must not exceed 200 square feet.
(g) The temporary storage unit must be secured to not endanger the safety of people or property near the unit.
(h) The temporary storage unit must be maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks at all times.
(i) A temporary storage unit must not be used for human occupancy or to store solid waste, business inventory, commercial goods, goods for property other than the property where the storage unit is located, or any other illegal or hazardous material. Upon reasonable notice, the Administrator may inspect the contents of any temporary storage unit at to ensure compliance with these requirements.
(j) Any temporary storage unit not removed at the end of the registration period, may be removed by the town immediately, without notice, and with the cost of removal assessed against the property where the unit was located.
(k) A sign identifying the storage unit supplier, mounted on the temporary storage unit, does not require a sign permit provided the storage unit complies with this section and all other applicable codes.
(Ord. 2022-17, passed 7-19-2022)
§ 154.076 VEHICLE STORAGE.
(A) Recreational vehicle parking and storage.
(1) Parking any recreational vehicle on any street, alley, highway, or other public place is not allowed in the town. A recreational vehicle cannot be used as a dwelling.
(2) In any residential or agricultural district, a recreational vehicle may be stored inside a garage or barn or stored outdoors on a paved area located behind the front building facade and outside of the required side yard and rear yard setbacks.
(3) A recreational vehicle may be parked on a paved area in the front yard for up to 48 consecutive hours for loading, unloading, cleaning, packing, unpacking, or similar maintenance or preparations.
(4) Temporary occupancy of a recreational vehicle for up to 48 hours in any 30-day period may be permitted if the recreational vehicle contains sleeping accommodations, is parked on a paved surface on a lot in a residential district and is for the use of the owner of that lot or guests of the owner.
(B) Storage and repair of vehicles.
(1) The repair, restoration, and maintenance of vehicles in any residential district must be conducted entirely within an enclosed building, except for activities are completed in less than 24 hours. All this repair must take place on private property and may not be conducted within the public right-of-way.
(2) Open storage or parking of all or part of any inoperable motor vehicle, machinery, or equipment, outside of an enclosed garage or building, is not allowed for more than 48 hours. For the purposes of this section, an inoperable motor vehicle includes any motor vehicle incapable of being propelled under its own power, is unsafe for operation on the streets and highways of this state or does not have a current license and registration as required for operation by the Indiana Bureau of Motor Vehicles.
(3) Semi-truck tractors and/or semi-truck trailers, bulldozers, earth carriers, cranes or similar equipment or machinery cannot be stored or parked outside a building unless parked for purposes of construction on that lot, except that a semi-truck tractor may be parked in a driveway of a residential district for up to 48 hours in any 30-day period.
(4) In the AG District, the owner, tenant, or lessee of any lot may openly store or park semi-truck tractors and/or semi-truck trailers outside of a building for up to 20 days within any 30-day period. Those vehicles must be parked so vision of drivers is not impaired on or entering adjacent streets.
(Ord. 2022-17, passed 7-19-2022)
§ 154.077 WIND ENERGY CONVERSION SYSTEMS AS ACCESSORY USES.
(A) Wind energy conversion systems (WECS) are a permitted accessory use in all zoning districts, subject to the requirements of this article. Wind energy conversion systems do not count toward the maximum number of accessory structures permitted. Most of the energy produced by an accessory WECS should be consumed only on the property where it is located.
(B) As accessory uses WECS must be:
(1) Installed on a certified tubular free-standing tower, a lattice tower, or a monopole tower. Towers may be guyed or self-supporting;
(2) Filtered, shielded, or otherwise designed and constructed to not cause electro-magnetic interference;
(3) Grounded to protect against lightning strikes;
(4) Designed with automatic over speed control to render the system inoperable when winds are blowing at higher speeds than the machine's capability;
(5) Equipped with a redundant breaking system, including both aerodynamic over speed controls and mechanical breaks. Mechanical brakes must be operated in a fail-safe mode. Stall regulation is not a sufficient braking system for over speed protection.
(C) The WECS owner and operator must make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner's property.
(D) A WECS must be setback from property lines at least 120% of the total height of the WECS.
(E) A WECS must comply with the maximum height limitation for the zoning district where it is located.
(F) WECS must be white, light gray, or another non-obtrusive color. Blades may be black to facilitate de-icing. Finishes must be matte or non-reflective and meet Federal Aviation Administration color requirements. No advertising or signage is allowed on a WECS.
(G) A WECS requires an improvement location permit. The permit application includes a site plan and a description of the project addressing: the number and type of turbines, generating capacity, tower design and height, blade arc diameter, total height, means of connection with the electrical grid, potential equipment manufacturers, and all related accessory structures. The manufacturer's engineer or another qualified professional engineer must certify that the turbine, foundation, and tower design are within accepted professional standards given local soil and climate conditions.
(H) Electric WECS components must have an Underwriters Laboratory (UL) or equivalent listing.
(I) Wind energy conversion systems require approval of local building code officials, consistent with the State of Indiana Building Code.
(J) For grid-tied WECS, the interconnection application must be submitted to the utility prior to applying for required town permits. The WECS must be designed to meet the utility's requirements for interconnection and operation. Automatic and a manual controls that render the system inoperable in case of loss of utility power is required. Off-grid systems are exempt from these requirements.
(Ord. 2022-17, passed 7-19-2022)
§ 154.078 WIND ENERGY CONVERSION AS A PRIMARY USE.
The town permits the development of commercial wind energy conversion systems (WECS) where they present few land use conflicts with current and future development patterns.
(A) As a primary use WECS must meet the requirements below.
(1) WECS must conform to all industry standards. The applicant must submit certificates the wind turbine manufacturers have obtained from Underwriters Laboratories or an equivalent third party.
(2) WECS must be:
(a) Installed on a certified tubular free-standing tower, a lattice tower, or a monopole tower. Towers may be guyed or self-supporting;
(b) Filtered, shielded, or otherwise designed and constructed to not cause electromagnetic interference;
(c) Grounded to protect against lightning strikes;
(d) Designed with automatic over speed control to render the system inoperable when winds are blowing at higher speeds than the machine's capability;
(e) Equipped with a redundant breaking system, including both aerodynamic over speed controls and mechanical breaks. Mechanical brakes must be operated in a fail-safe mode. Stall regulation is not a sufficient braking system for over speed protection;
(f) Designed with and automatic and manual control that will render the system inoperable in case of loss of utility power to prevent the WECS from supplying power to a de-energized electrical distribution grid;
(g) Designed to meet the requirements for interconnection and operation as mandated by the utility managing the electrical grid where the WECS is connecting. All structures, substations, feeder lines, facilities, and accessory equipment must comply with the National Electrical Code and operate per the electrical utility's service regulations applicable to WECS.
(3) Outside of a primary structure, the sound pressure levels from a WECS component must not exceed 32 decibels on the "A" weighted scale. This level may only be exceeded during short-term events such as utility outages or severe windstorms.
(4) The WECS owner and operator must make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner's property.
(5) All lighting, including lighting intensity and frequency of strobe, must adhere to but not exceed the requirements established by the Federal Aviation Administration (FAA) permits and regulations. Except for lighting required by the FAA, lighting must be shielded so that no glare extends beyond the WECS.
(6) At least 20 feet of clearance is required between the ground and the lowest point of the arc of any protruding blades utilized on a WECS. This minimum clearance may be increased to provide additional clearance where oversized vehicles may travel.
(7) The maximum tower height and maximum total height cannot exceed the maximum height permitted by the FAA.
(8) Wind turbines must be setback from property lines and rights-of-way at least 120% of the total height of the structure. A minimum separation of 2,640 feet is required between a wind turbine and any non-applicant primary building. No new structure may be constructed within 800 feet of a wind turbine unless this requirement is waived by the Plan Commission upon a determination that the structure will not affect the WECS performance. Accessory structures associated with the WECS must meet the setbacks for primary structures for the zoning district where they are located.
(9) WECS must be white, light gray, or another non-obtrusive color. Blades may be black to facilitate deicing. Finishes must be matte or non-reflective and meet Federal Aviation Administration color requirements. No advertising or signage is allowed on a WECS.
(10) For all guyed towers, visible and reflective objects (such as plastic sleeves, reflectors, or tape) are required on the guy wire anchor points and along the outer- and innermost guy wires to a height at least eight feet above the finish grade.
(B) WECS are subject to the town's stormwater management, erosion, and sediment control provisions and nonpoint pollution discharge elimination system (NPDES) permit requirements and all applicable local, state, and federal regulatory codes, including the State of Indiana Uniform Building Code, as amended, and the National Electric Code, as amended.
(C) Site plan approval required. A WECS requires site plan approval by the Plan Commission. In addition to the site plan requirements of § 154.180(G), the application must include a description of the project addressing: the number and type of turbines, generating capacity, tower design and height, blade arc diameter, total height, means of connection with the electrical grid, potential equipment manufacturers, and all related accessory structures. The site plan must show the location of all underground utility lines associated with the WECS project. The manufacturer's engineer or another qualified professional engineer must certify that the turbine, foundation, and tower design are within accepted professional standards given local soil and climate conditions. If there is an existing WECS within one mile of the proposed WECS, a description of the potential impacts on the existing WECS and wind resources on adjacent properties is required.
(D) Several WECS projects may be submitted as a single application and reviewed under joint proceedings, including notices, hearings, reviews, and approvals.
(E) Modification. Any physical modification to a WECS that alters the mechanical load, mechanical load path, or major electrical components requires new site plan approval prior to making any physical modifications. Like-kind replacements are considered maintenance and do not require site plan approval.
(F) Decommissioning. A decommissioning plan is required to ensure that facilities are properly removed after their useful life.
(1) Decommissioning of the system occurs if the project does not produce power for 12 consecutive months. An owner may petition for an extension of this period upon showing of reasonable circumstances causing the delay in the start of decommissioning.
(2) The decommissioning plan identifies provisions for removing all structures and foundations to a depth of 48 inches, restoring soil and vegetation, and assurances that financial resources will be available to fully decommission the site.
(3) The Plan Commission or Administrator may require the posting of a bond, letter of credit, or other financial surety to ensure proper decommissioning.
(Ord. 2022-17, passed 7-19-2022)
§ 154.079 WIRELESS COMMUNICATION FACILITIES.
(A) Required approvals. The placement of wireless communications facilities and towers shall meet the following approval requirements:
(1) Installation of new antenna. The installation of new antennas on existing towers, including legal nonconforming towers, and existing alternative structures (such as water towers, buildings, or church steeples) may be approved by the Administrator subject to all requirements of this section. Any new antenna that will add either 10% or 25 feet, whichever is less, above the highest point of any existing tower or alternative structure is subject to the provisions of this article for the installation of new towers.
(2) Installation of a new tower. The installation of any new tower is reviewed as a special exception use by the Board of Zoning Appeals.
(3) Installation of new accessory structures. The installation of new accessory structures, such as equipment buildings, to support the installation of additional antennas on existing towers, or alternative structures may be approved by the Administrator.
(B) Removal. Any tower unused or left abandoned for 12 consecutive months must be removed by the property owner at his or her expense. Regardless of the tower ownership, the property owner is responsible for removal. Upon the request of the Administrator, the operator of any facility to which this section applies must provide documentation of the use of that facility for the purpose of verifying any abandonment.
(C) Interference with public safety facilities. No new wireless communications facilities or tower will result in any interference with public safety telecommunications.
(D) Required documentation for all facilities. In addition to the requirements provided in this chapter for receipt of special exception use approval, applications for new towers, new antenna, and new related facilities must include the following. Where the equipment is mounted on an existing building, the comparable information for that structure shall be provided.
(1) Engineer's report. A report from a professional engineer licensed in the State of Indiana that:
(a) Describes the height and design of any new tower and/or antenna including a cross-section, latitude, longitude, and elevation;
(b) Describes or updates (in the case of new antenna) the tower's capacity, including the type and number of antenna it can accommodate;
(c) Certifies compliance of the construction specifications with all applicable building codes (including, the foundation for the tower, anchors for the guy wires if used, co-location, and strength requirements for natural forces; ice, wind, earth movements, etc.);
(d) Certifies that the facility will not interfere with established public safety telecommunication facilities; and
(e) Includes the engineer's seal and registration number.
(2) Letter of intent. A letter of intent committing the tower owner, property owner, antenna owners, and their successors to allow the shared use of the tower.
(3) Proof of compliance. Copies of any required approvals from the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and all other appropriate state and federal agencies.
(4) Removal affidavit. A letter committing all parties, including the property owner and his or her successors, to remove the tower and all related accessory structures, fences, landscaping, and equipment if the tower is abandoned (unused for 12 consecutive months). The removal affidavit must be recorded in the Office of the Johnson County Recorder, with a copy of the recorded affidavit provided to the Administrator.
(E) Determination of new tower need. Any proposal for a new telecommunications tower will only be approved if the applicant submits verification from a professional engineer licensed in the State of Indiana stating the antennas planned for the proposed tower cannot be accommodated on any existing or approved towers or other structures within a two-mile radius of the proposed tower location due to one or more of the following reasons:
(1) Inadequate structural capacity. The antennas would exceed the structural capacity of the existing or approved tower or other structure.
(2) Interference. The antennas would cause interference impacting the usability of other existing or planned equipment at the tower site.
(3) Inadequate height. The existing or approved towers or structures within the search radius cannot accommodate the planned equipment at the height necessary.
(4) Land availability. Additional land area is not available (when necessary).
(F) Design requirements for new towers and related facilities. All telecommunications facilities must meet the following design requirements:
(1) Lighting. Tower lighting must only be installed as required for safety or security reasons or as required by the FAA or other federal or state authority. All ground level security lighting must be oriented inward to not to project onto surrounding properties and must have 90-degree cut-off luminaries (shielded downlighting).
(2) Co-location. All telecommunication towers must be designed, and engineered structurally, electrically and in all respects to accommodate both the applicant's equipment and at least one additional user for every 50 feet in total tower height exceeding 75 feet.
(a) Each additional user is assumed to have an antenna loading capability equal to that of the initial user.
(b) Towers must be designed to allow for rearrangement of antennas and to accept antennas mounted at varying heights.
(3) Height. All towers and antenna must conform to all FAA tall structure requirements. The maximum height of all accessory structures is 15 feet.
(4) Signs. Signs for all telecommunications facilities are permitted up to a total of four square feet per user and must only be located on the security fence or the wall of accessory equipment buildings within the security fence.
(G) Site requirements for new towers and related facilities. All telecommunications facilities must meet the following site requirements:
(1) Vehicular access. Vehicle access drives may be gravel or paved and must be located within an access easement that is a minimum of 20 feet in width. Any portion of the entrance located in a public right-of-way must meet the applicable public street or road design, construction, and pavement requirements of the jurisdiction responsible for that street.
(2) Site area. The lot (or lease area) where the tower is located must be large enough to accommodate all future anticipated accessory structures needed by future antenna users. The size of the site must also sufficient to allow the location of one additional tower and associated support facilities.
(a) The arrangement of the initial tower and the topography of the site is considered in determining the sufficiency of the site area.
(b) The width of the tower site cannot be less than the height of the tower and the depth of the tower site cannot be less than the tower height. The tower must be placed within the property, so it is no closer to any lot line than 50% of the tower height.
(c) All tower supporting and stabilizing wires must be located within the site area.
(3) Setback. The required setbacks for related accessory facilities are as follows:
(a) Side and rear setback. The minimum side and rear setback for all buildings and related facilities, including the security fence is 25 feet.
(b) Front setback. The minimum front setback for all buildings and related facilities is as specified by this chapter for the zoning district where it is located. No part of a wireless telecommunications facility, including the security fence, and any required guide wires or bracing is permitted in any required front setback.
(c) Additional setback from residential zoning districts. No tower may be placed closer than 150% of the total height of the tower or 200 feet, whichever is greater, to any surrounding property in a residential district.
(d) Additional landscaping. Landscape screening may be provided in the setback area.
(4) Encroachment. No part of any telecommunications facility nor associated lines, cables, equipment, wires, or braces may extend across or over any part of a public right-of-way, sidewalk, or property line.
(5) Fencing. An eight-foot-high security fence must surround the tower and accessory equipment building site. Barbed wire, concertina wire, or sharpened stakes, if used, must be at least six feet above grade. An area ten feet in width must remain outside of the fence for the purpose of providing the landscape screening described below.
(H) Landscape screening. In addition to the landscaping required in § 154.110, evergreen buffer plantings must be located and maintained around the outermost perimeter of the security fence of all wireless communications facilities. The landscape plan for the site must provide plants in number and design to provide a screen of the fence, all equipment, and the base of the tower, as determined by the Board of Zoning Appeals. A combination of trees and shrubs is encouraged. The maximum spacing of evergreen shrubs is five feet on center. The maximum spacing of evergreen trees is ten feet on center.
(Ord. 2022-17, passed 7-19-2022)
DESIGN AND MAINTENANCE
§ 154.090 ACCESSORY BUILDINGS AND STRUCTURES.
(A) Accessory buildings cannot be erected in any front yard. Parcels five acres or larger in the AG and RR Districts are exempt from this requirement. A minimum ten-foot separation is required between accessory buildings and other building.
(B) A detached accessory building or structure may be erected in a rear or side yard if set back at least ten feet from the rear and five feet from the side property lines unless otherwise provided by this chapter.
(C) An accessory structure cannot exceed a height of 25 feet unless otherwise exempted by this chapter.
(D) An accessory building or accessory structure cannot be constructed on a lot before the principal building or use is constructed on the lot.
(E) Swing sets, playground equipment, garden trellises, well-head covers, flag poles, bird baths, and similar above-ground yard equipment accessory to a residential use are exempt from the provisions of this subsection, except for height limitations.
(F) Buildings and structures accessory to non-residential uses must meet the minimum setback requirements and height limitations for principal buildings in the respective zoning district.
(G) Accessory buildings and structures must use the same public utility connections as the principal building.
(H) Satellite dish antenna. These regulations apply to satellite dish antenna and other satellite reception devices greater than two feet in diameter.
(I) General purposes.
(1) These regulations are designed to promote the public health and safety by providing criteria for the placement of these antenna. This ensures that all installations limits endangerment of life and property on the site and surrounding properties due to collapse or destruction.
(2) These regulations are also designed to decrease the potential for urban blight in residential neighborhoods generated by guy wires, poles, cables, and other appurtenances.
(3) These regulations allow satellite dish antenna installations in a manner that: (a) does not unreasonably delay or prevent the installation, maintenance, or use of the antenna; (b) does not unreasonably increase the cost of installation, maintenance or use of the antenna; or (c) preclude reception of an acceptable quality signal.
(J) General requirements.
(1) A satellite receiver antenna two feet in diameter or less may be installed in any location in accordance with the provisions of I.C. 36-7-4-201.
(2) Satellite dish antenna greater than two feet in diameter may be erected in the R-4 and R-5 residential zoning districts after an improvement location permit is obtained, provided the following criteria are met:
(a) The satellite dish antenna is ground mounted;
(b) The diameter does not exceed ten feet;
(c) The height does not exceed 12 feet;
(d) It is located between the rear building line of the principal structure and the required rear yard setback line. In case of a corner lot, the antenna must not be located within the street side yard.
(3) In the R-5 residential district, a satellite dish antenna may be roof mounted provided the diameter is no more than ten feet, and the height of the antenna is no more than 12 feet. A roof mounted satellite dish antenna must be located at least ten feet behind the front roofline of the structure. A roof-mounted antenna cannot exceed the maximum height requirement of the zoning district.
(4) Satellite dish antenna may be erected in any nonresidential zoning district provided:
(a) The diameter must not exceed 12 feet.
(b) The height of a ground-mounted antenna must not exceed 25 feet.
(c) The height of a roof-mounted antenna cannot exceed 15 feet.
(d) A roof-mounted antenna must not exceed the maximum height requirement of the zoning district. A roof mounted satellite dish antenna must be located at least ten feet behind the front roofline of the structure.
(e) A ground-mounted antenna must comply with the yard setback requirements of the district. Antenna must not be in a front yard or open space.
(5) Satellite dish antennas must be installed and maintained in compliance with all applicable building and electrical codes and are subject to the following standards:
(a) Satellite dish antennae must be solid in color.
(b) Not more than one antenna greater than two feet in diameter is allowed on any lot unless shown on an approved site plan.
(c) No advertising, logos, or corporate symbols are permitted on any satellite dish antenna greater than two feet in diameter.
(K) Amateur radio standards. Individual amateur transmitting and receiving antennae and associated support structures owned or operated by licensed amateur radio operators are permitted as accessory structures according to these provisions.
(1) Amateur radio club and repeater station antennae and support structures are permitted to the height necessary to maintain reliable communications.
(2) Antenna structures of amateur radio operators licensed by the Federal Communication Commission may not exceed 75 feet above grade. The height is measured vertically and includes the height of the building where the antenna support structure is mounted.
(3) Antennae may be located above the antenna support structure as necessary for effective radio communications.
(4) Upon the Federal Communication Commission licensed operator's cessation of ownership or leasehold rights in the antenna support structure, or on loss of his or her federal amateur radio license (whichever occurs first), the operator must safely remove all antenna support structures within 30 days at no expense to the town. If the operator fails or refuses to remove the antenna support structure, the owner of the subject lot is responsible for the removal of all such structures. Failure to remove antenna support structures is a violation of this chapter and subject to enforcement (see § 154.183(I)).
(5) On residential lots, antenna support structures must be located between the rear building line of the principal structure and the required rear yard setback line. For a corner lot, the antenna cannot be located within the street side yard.
(6) Nothing in this section affects any existing antenna support structure utilized by any federally licensed amateur radio operator constructed and in place before the passage of this chapter.
(L) Swimming pools and hot tubs. In addition to conforming to the regulations for accessory structures, all swimming pools and hot tubs must meet the following requirements:
(1) Swimming pools cannot be installed without first being issued an improvement location permit according to § 154.181(B).
(2) Swimming pools or hot tubs cannot be in any required front, side, or rear yard setback or closer to the street than the front fagade of the principal structure.
(3) Swimming pools or hot tubs cannot be constructed unless adequate distance from overhead electrical wires is provided according to the current National Safety Code and National Electrical Code.
(4) All swimming pools and hot tubs must be included in the calculation of maximum lot coverage.
(5) All swimming pool construction, including associated decking, fencing, and means of access must conform with the regulations set forth in 675 I.A.C. 20-4.
(Ord. 2022-17, passed 7-19-2022)
§ 154.091 BUILDING STANDARDS.
(A) Every building erected must be located on a lot and in accordance with this chapter.
(B) A lot used for single-family residential purposes must have only one principle building devoted to residential use, except as otherwise permitted in this chapter.
(C) A lot used for multi-family purposes may have more than one principal building devoted to residential use.
(D) A lot in a nonresidential district may have more than one principal building devoted to non-residential uses.
(E) The use of any basement for dwelling purposes is prohibited in any zoning district unless the basement meets the most recent and adopted version of the Indiana Residential Code.
(F) Buildings erected as garages or accessory buildings cannot be occupied for dwelling purposes unless they conform with the requirements of § 154.060.
(G) Any new single-family dwelling unit must comply with the requirements below. Dwelling units within a manufactured home community are exempt from these requirements.
(1) If the dwelling unit is a new manufactured home, it must be new by the manufacturer and/or appropriate inspection agency as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as amended. If the dwelling unit is a used manufactured home, it must be found to be in excellent condition and safe for residential occupancy and provide a letter of label verification from the U.S. Department of Housing and Urban Development Office of Manufactured Housing Programs. The dwelling unit must be installed with the wheels removed. All new and used manufactured homes must bear a valid manufactured home certification label (HUD tag).
(2) The dwelling unit must comply with all applicable building, electrical, plumbing, fire, energy, and other similar codes adopted by the Town of Bargersville.
(3) The dwelling unit must be firmly attached to a permanent continuous foundation constructed on the building site. The foundation wall must have the same perimeter dimensions as the dwelling unit and be constructed as required by the building code for on-site constructed single-family dwellings. If the dwelling unit is a manufactured home, its foundation must fully enclose the chassis, undercarriage, and towing mechanism.
(4) If the dwelling unit is a manufactured home, it must be installed per the manufacturer's instructions and be secured to the building site by an anchoring system complying with applicable regulations of the State of Indiana.
(5) The front entry to the dwelling must be located on the ground floor. Permanently attached steps at least three feet in width must be provided where there is an elevation difference greater than eight inches between the first-floor entry of the dwelling unit and the adjacent grade.
(6) The exterior finish of the dwelling unit must meet the applicable building design and material requirements of §§ 154.130 to 154.163.
(7) The dwelling unit must have at least two exterior doors, with one in either the rear or the side of the dwelling unit.
(8) Temporary dwellings. A cabin, garage, basement, tent, recreational vehicle, or other temporary structure cannot be used for dwelling purposes in any district. A manufactured home may be used as a temporary dwelling for a period not to exceed six months upon approval of the Administrator who determines the following conditions are met:
(a) The lot contains the permanent dwelling of the applicant which has become uninhabitable due to damage caused by fire, wind or other natural calamity or emergency;
(b) The applicant is unable to obtain another dwelling unit as a temporary residence while repairing the damaged dwelling;
(c) The temporary dwelling is constructed to meet the minimum requirements for the health, safety and welfare of the occupants and the surrounding neighborhood;
(d) The temporary dwelling is served by sanitary sewer and potable water, approved by the town;
(e) The temporary dwelling will be removed within 30 days of the issuance of a certificate of occupancy for the new dwelling.
(Ord. 2022-17, passed 7-19-2022)
§ 154.092 FENCES AND WALLS.
These standards apply to fences in all zoning districts.
(A) Fences cannot be erected or altered in a manner that obstructs the vision of a vehicle driver (see § 154.099). Fences may be built directly along lot lines; however, fences must not encroach into rights-of-way, nor into easements prohibiting the installation of fences.
(B)
Fences may be placed in a drainage or utility easement after approval of an encroachment permit. Fences must be offset a minimum of five feet from the swale flow-line or any underground pipe without impeding the flow of storm water runoff. The Town of Bargersville Storm Water Utility or its designated representatives are not liable for replacement or repairs of any fence located within a drainage easement. The Utility must notify the property owner at least 30 days prior to any repairs unless an emergency requires immediate repairs. The property owner is solely responsible for the cost of removing and replacing the fence encroaching into the easement. The property owner is responsible for maintaining the obstruction-free flow of storm water across their property.
(C) Height limitations.
(1) Fence height is measured from the top of the fence to the finish grade adjacent to the fence. Any fence placed upon mound, berm, or masonry wall is measured from the top of the fence to the finish grade at the base of the mound, berm, or wall.
(2) Fences located within a required setback for a side yard, street side yard, or rear yard of a residential lot cannot exceed six feet in height.
(3)
Fences located within a required or established front yard shall not exceed 42 inches in height in Residential (R-R, R-1, R-2, R-3, R-4, and R-5) Zones, Commercial (C-1, C-2, C-3) Zones, and Industrial (I-1, I-2, and I-3) Zones, or 52 inches in height in a residential use located on an agriculturally zones (AG) parcel.
(4) Open wire mesh fences surrounding tennis courts and baseball diamond backstops may be erected to a height of 16 feet.
(5) Fences enclosing an institutional, business, or industrial property, may consist of an open mesh fence not to exceed ten feet unless otherwise restricted by this chapter.
(6)
Fences in agricultural uses located within any zone shall not exceed eight feet in height in any side or rear yard or 52 inches in height in any front yard setback.
(D) Opaque fences must be installed so the finished side of the fence is facing outward (e.g., toward the lot line).
(E) Fences for screening of permitted outdoor storage or display areas must comply with §§ 154.068 or 154.070.
(F) Property owners should refer to any applicable declaration of covenants, conditions, and restrictions, which may impose greater restrictions than listed in this chapter. This chapter does not abrogate any private covenants that may apply to property.
(G) Chain link fencing is prohibited in all zoning districts except industrial districts. Barbed wire and razor wire are prohibited in all districts, unless otherwise provided in this chapter. Security fencing around utilities is exempt from these requirements.
(H) Fences must be maintained in good condition and operating order.
(I)
In all zoning districts, temporary fences for safety and construction are permitted and are exempted from the standards of this chapter.
(A) A structure must not exceed the height limits established and specified in the zoning district in which the structure is located except as otherwise provided in this subchapter.
(B) In all zoning districts, spires, church steeples, chimneys, cooling towers, stacks, tanks, water towers, elevator bulkheads, fire towers, scenery lofts, power transmission lines or towers and distribution poles and lines, and essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.
(Ord. 2022-17, passed 7-19-2022)
§ 154.094 LOT STANDARDS.
(A) Lots must meet the area and width requirements for the lot's zoning district.
(B) All Lots must abut on a street, private street, or alley and must have a minimum lot frontage as set forth by the zoning district.
(C) Encroachment in right-of-way. Buildings, structures, vehicle maneuvering areas or off-street parking and loading facilities, except driveways, are not permitted to encroach on public rights-of-way or private street easements.
(Ord. 2022-17, passed 7-19-2022)
§ 154.095 PERFORMANCE STANDARDS.
The following performance standards apply to uses in all zoning districts.
(A) Obnoxious characteristics. No use can exhibit obnoxious characteristics to the extent that is constitutes a public nuisance.
(B) Fire protection. Firefighting equipment and prevention measures acceptable to the Fire Department and any federal, state, county, and/or local authorities that may have jurisdiction must be readily available and apparent when an activity involving the handling or storage of flammable or explosive materials is conducted.
(C) Electrical disturbance. No use can cause electrical disturbance adversely affecting radio, television, or other equipment in the vicinity.
(D) Noise. No use can produce noise in such a manner as to be objectionable because of volume, frequency, intermittence, beat, shrillness, or vibration. Noises must be muffled or otherwise controlled to not become detrimental.
(E) Vibration. No use can cause vibrations or concussions detectable beyond the lot lines without the aid of instruments.
(F) Odor. No use can emit across the lot lines malodorous gas or obnoxious odor in such a quantity as to be detectable at any point along a lot line.
(G) Air pollution. No use can discharge across a lot line fly ash, dust, smoke, vapors, noxious, toxic, or corrosive matter, or other air pollutants in such a concentration as to be detrimental to health, animals, vegetation, or property, or conflict with public air quality standards.
(H) Heat and glare. No use can produce heat or glare in a manner to be a nuisance or create a hazard perceptible from any point beyond a lot line.
(I) Water and solid waste pollution. No use can produce erosion or pollutants in such quantity as to be detrimental to adjacent properties or conflict with public water quality standards.
(J) No approval of a use under this chapter includes the authority to discharge liquid or solid wastes into public waters except as permitted under Indiana State statute. Plans and specifications for proposed sewage and other waste treatment and disposal facilities must be approved by the authorities with rightful jurisdiction.
(K) No use can accumulate within the lot or discharge beyond the lot lines any waste matter, whether liquid or solid, in conflict with applicable public health, safety, and welfare standards and regulations.
(L) The performance standards above do not apply to: (1) site construction, maintenance, repair, or alterations of buildings or other improvements on or within the lot per § 90.16(H); (2) the operation of motor vehicles; and (3) safety or emergency warning signals or alarms.
(M) Any industrial use must conform to any applicable state and federal government regulations. All relevant federal and state permits or approvals are required prior to issuance of an improvement location permit.
(Ord. 2022-17, passed 7-19-2022)
§ 154.096 PROPERTY MAINTENANCE STANDARDS.
This chapter applies to all zoning districts.
(A) (1) All land and exterior areas under roof but not enclosed must be maintained free from:
(a) Accumulation of garbage, debris, or blight, including graffiti, tires, broken glass, or anything posing a hazard to public health;
(b) Tarps, plastic sheeting, or similar materials used as screening, fencing, or wall covering;
(c) Abandoned vehicles or inoperable vehicle parts, visible from a right-of-way, except a single inoperable vehicle undergoing minor repair work, not to exceed 72 hours; or lawful commercial activities involving vehicles as allowed by this chapter;
(d) Appliances, machinery, freezers, refrigerators, or other household items;
(e) Any object or landscaping that interferes with the use of any sidewalk, street, alley, highway, or visibility of a traffic light or sign in the town;
(f) Landscaping visible from public property that is substantially dead, damaged, or characterized by uncontrolled growth;
(g) Anything posing an imminent hazard to public health and safety;
(h) Any wall or fence missing blocks, boards, or other material, or is otherwise deteriorated to constitute a hazard to people or property; and
(i) Graffiti visible from a public area or right-of-way.
(2) These standards exclude: items kept in covered bins or receptacles; a lawfully established junkyard; any neatly stored materials used in the development of property; and items stored or kept in enclosed trailers or vehicles.
(3) These standards do not apply to the orderly storage of materials in side and rear yards provided:
(a) The storage does not exceed 10% of the area of the yard; and
(b) The storage does not exceed the height of any fence or wall enclosing the storage area.
(B) All premises must be kept free from rodent infestation and other noxious pests.
(C) All premises must prevent the accumulation of stagnant water.
(D) All fences and walls must be safe, structurally sound, and uniform in color, structure, and design. They must not constitute a hazard or be in disrepair. Repair of an existing fence or wall must be made with the same or similar materials.
(E) Occupied buildings must have an adequate number of garbage receptacles maintained in clean condition and good repair. The owner or occupant must arrange for the removal of garbage from the premises.
(F) Vacant lots or land subject to enforcement action for dumping must be secured to prevent future dumping.
(G) Septic tanks, cesspools, and similar conditions must be fully restored to a safe, serviceable condition, or filled with clean fill. Excavations must be maintained in a secure manner to prevent a hazard to public health and safety.
(H) Buildings or structures determined to be unsafe or dangerous as defined in Chapter 156 must be abated in accordance with the provisions of that code.
(I) Abandoned structures and premises must be maintained and monitored including:
(1) Maintenance of the exterior of the building and landscaping with regular removal of all exterior trash, debris, and graffiti; and
(2) Prevention of reoccurring criminal activity on the premises. Unsecured buildings and structures must be secured in the following manner:
(a) Unsecured doorways and windows must be boarded up using five-eighths inch or thicker exterior grade plywood, fastened by tamper-proof screws or one-way bolts;
(b) All boarding must be painted to match the dominant exterior color of the elevation of the structure; and
(c) For commercial buildings, opaque window coverings may be allowed by the Administrator in lieu of boarding provided all windows are maintained and if broken or cracked, are replaced within 48 hours. The Administrator may revoke the use of this alternative when the owner or responsible party fails to maintain the within the specified period.
(3) If, after five business days from when notice provided, the owner fails to comply, the Administrator is authorized to secure the site as specified in this chapter. All costs associated with this work will be recovered from the property owner.
(Ord. 2022-17, passed 7-19-2022)
§ 154.097 EXCAVATIONS OR HOLES.
Unprotected, unbarricaded, open, or dangerous excavations, holes, pits or wells that a hazard to the public health, safety or welfare are prohibited. This does not apply to the following:
(A) Properly protected excavations approved by the town;
(B) Mineral extraction operations; and
(C) Natural or created bodies of water such as ditches, streams, or ponds created and approved by a government agency.
(Ord. 2022-17, passed 7-19-2022)
§ 154.098 SETBACK STANDARDS.
These standards apply in all zoning districts.
(A) The measurement of any building setback line or building separation is the shortest distance between the building facade and the lot line or right-of-way line, whichever is closest. Where there is no right-of-way line, the building setback line is measured from the building facade to the edge of pavement or the access easement line, whichever is closest. The front yard setback for mew lots is measured from the lot line abutting the open space to the building facade.
(B) The minimum building setback lines and minimum building separation requirements are as set forth in this chapter (see also §§ 154.030 to 154.042).
(C) Minimum lot access. The number of driveways/drive cuts/entrances shall be limited to one per lot subject to INDOT standards.
(D) If a minimum building separation requirement is not provided, the minimum building separation requirement is the district's minimum side yard building setback.
(E) Where two or more lots entirely or partially within 200 feet of a subject lot, on the same side of the street and on the same block, are occupied by principal buildings whose existing front setback is less than required by the zoning district, the average of the established setbacks for those buildings shall be the minimum required front setback for the subject lot.
(F) Building setback lines established in a recorded subdivision establish the setback of buildings in such subdivisions, except when such building setback lines may be less restrictive than provided in this chapter.
(G) On through lots, the front yard is established by the existing principal buildings in the block.
(H) Projections into required setbacks. Certain structures and architectural features may project into the required yard setbacks as follows:
(1) Arbors, trellises, pergolas, awnings, and canopies attached to the principal building may encroach up to: five feet into the front setback, three feet into a side setback, and ten feet into a rear setback.
(2) Unroofed and unenclosed balconies, decks, and patios may encroach up to ten feet into the rear setback.
(3) Bay windows and chimneys may encroach up to three feet into any setback.
(4) Steps to a main floor entry may encroach up to five feet into a front setback and up to three feet into a street side setback.
(5) Septic systems may encroach into any yard, but a minimum clearance of ten feet is required from all property lines.
(I) All improvements are subject to § 154.099, unless specifically exempted.
(Ord. 2022-17, passed 7-19-2022)
§ 154.099 VISION CLEARANCE STANDARDS.
No building, structure, or improvement can be placed to interfere with a vision clearance area located between 2% feet and nine feet above the crown of a street, driveway, or alley. A vision clearance area is formed by the intersecting centerlines of each right-of-way and the line connecting the two end points of each extended centerline. The distance along the right-of-way centerlines is as follows:
Vision Clearance
Street Classification
Distance Along ROW Centerline
Arterial
100 ft.
Collector
80 ft.
Local
50 ft.
Alley
40 ft.
Driveway
35 ft.
(Ord. 2022-17, passed 7-19-2022)
§ 154.100 YARD STANDARDS.
(A) Buildings must not be erected, reconstructed, or structurally altered to encroach upon or reduce the yards, lot area, minimum living area, or lot coverage provisions established for the use and the zoning district or overlay district in which such building is located.
(B) One-half of an alley abutting the rear or side yard may be included in the required rear or side yard of a lot, respectively, if the alley has not been developed for carrying traffic; however, such alley area must not be included for loading berths.
(C) The yard width and depth of required yards are measured as the shortest horizontal distance from a lot line to the required building setback line. In the case of a standard applying to an established yard, the yard width and depth are measured as the shortest horizontal distance (e.g., 90 degrees) from a lot line to the nearest outside wall of a building or structure.
(D) All required yards must be maintained as open space and landscaped with grass, trees, shrubs, or in combination with other suitable groundcover materials in compliance with § 154.110, except as otherwise improved in accordance with this chapter (e.g., parking areas).
(Ord. 2022-17, passed 7-19-2022)
IMPROVEMENT STANDARDS
§ 154.110 LANDSCAPE STANDARDS.
(A) Purpose and intent. This section establishes regulations for the preservation of natural features and minimum standards for the provision, installation, and maintenance of landscape materials. These regulations are intended to promote the health, attractiveness, and safety of the community; foster aesthetically pleasing and environmentally sensitive development that protects and preserves the appearance and character of the community; and encourage the preservation of natural areas.
(B) Applicability. These regulations apply to development in all zoning districts except for detached single-family and two-family dwellings not located in a subdivision. Plantings and landscaping features required by this chapter are subject to inspection to verify continued compliance with these regulations.
(C) Landscape plan review.
(1) Landscape plans must be shown on a separate drawing at the same scale as the required site plan. The plans must indicate all existing or proposed utilities and easements to ensure the proposed landscaping is not affected by, nor interferes with utilities. The plans must include:
(a) All proposed landscaping with circles indicating the anticipated plant size at maturity;
(b) A table listing all proposed plants including the scientific name, common name, quantities, and size at planting;
(c) Calculations illustrating how the plan complies with the requirements of this chapter;
(d) Existing natural and man-made landscape features and proposed buildings and structures;
(e) All existing trees (eight-inch caliper or greater) located in portions of the site that will be built upon or otherwise altered. Trees must be labeled "To Be Removed" or "To Be Saved" on the plan. Existing trees located outside of areas to be disturbed may be illustrated as a tree mass;
(f) Measures to protect existing trees to be saved must be noted on the plans;
(g) Contours shown at two-foot intervals.
(2) Review. Landscaping plans are subject to Plan Commission or Administrator review and approval.
(3) Modifications. The Plan Commission may modify the requirements of this section under any of the following circumstances:
(a) Existing vegetation or topographic features make compliance with requirements unnecessary or difficult to achieve.
(b) The application of requirements will result in a significant loss of existing vegetation, or natural or cultural features.
(c) Modification of requirements will clearly result in a superior design that could not be otherwise achieved.
(4) Additional conditions. The Plan Commission or Administrator may impose conditions on landscaping as part of site plan review.
(5) Performance guarantee. To ensure that all landscaping is installed as shown on the plan and in conformance with the requirements of this chapter, the Plan Commission may require the applicant to provide a financial guarantee, as provided in § 154.161.
(D) Landscaping general requirements.
(1) Landscape plan required. A landscape plan must be submitted as a part of all site plan and permit applications unless the Administrator determines compliance with the provisions of these regulations can be demonstrated without the use of a landscape plan. A landscape plan may be combined with other required application materials if compliance with these regulations can be demonstrated in the combined materials.
(2) Required plant materials. Tree and shrub species used to meet the requirements of this chapter must be from the Approved Plant List. Plants listed on the Prohibited Plant List cannot be used to fulfill any requirement of this chapter. All plant material must be hardy to Central Indiana, suitable for the site, free of disease and insects, and conform to the American Standard for Nursery Stock (ANSI Z60.1-2004). The use of native plants is strongly encouraged. The Administrator may authorize alternative species or cultivars that meet the intended purpose, are not invasive or hazardous, and are equally hardy.
(3) Minimum living materials. Within required landscaping areas, a minimum of 60% of the surface area must be covered by living materials, not gravel, stone, or other non-living materials.
(4) Soil condition and planting beds.
(a) Landscaping required by this chapter must be planted in uncompacted soil at least two feet in depth.
(b) Stone mulch is not permitted in required landscape areas or planting bed except as part of a storm water best management practice in accordance with the Storm Water Specifications Manual.
(c) Landscaped areas must be protected from vehicular encroachment by curbs or wheel stops. Curbs must be provided with openings to accommodate surface collection of storm water runoff in vegetated swales and detention facilities.
(5) Minimum plant sizes at installation. Unless otherwise specifically noted, the minimum plant size at the time of installation of landscaping required by this chapter is according to Table 5-1: Minimum Plant Sizes.
Table 5-1: Minimum Plant Sizes
Plant Material Type (ASNS Types)
Minimum Size
Table 5-1: Minimum Plant Sizes
Plant Material Type (ASNS Types)
Minimum Size
Deciduous/overstory shade tree (Type 1 or Type 2), single trunk
2" caliper
Deciduous/overstory shade tree (Type 1 or Type 2), multi-trunk
10 ft. in height
Evergreen/coniferous tree
6 ft. in height
Ornamental/understory tree, single trunk
1.5" caliper
Ornamental/understory tree, multi-trunk
6 ft. in height
Large shrub - deciduous (Type 2 or 3)
24" in height
Large shrub - evergreens (Types 4, 5 or 6)
30" in height
Small shrub - deciduous (Type 1)
18" in height
Small shrub - evergreens (Type 1, 2 or 3)
24" in spread
Ground cover
3" in height
(6) Plant material clearance. Except for buffer yard plantings, trees and shrubs cannot be placed closer than three feet to any lot line. A minimum five-foot clear area is required around fire hydrants, valve vaults, hose bibs, manholes, hydrants, and fire department connections. Plants must have a minimum five-foot separation from underground utilities. Any landscaping placed within an easement is done at the owner's risk. Should the plant material need to be removed to access the easement, the owner is responsible for the costs of removing and replacing the plants.
(7) Plant material spacing. Plant materials may be grouped but must be located within the landscape area to which it will be credited. The Administrator may authorize adjustments to these spacing requirements when necessary due to topography, drainage, utilities, or obstructions, provided the total amount of required landscaping is not reduced.
(8) Species variation. No one species of tree may make up more than 35% of the total number of trees. No one species of shrub may make up more than 35% of the total number of shrubs.
(9) Protection of vision clearance areas. All landscaping must comply with § 154.099.
(10) Existing vegetation credit and bonus.
(a) If existing vegetation meets the intent of the screening requirements, preserved existing vegetation may be credited for landscape materials required by this chapter. Credit will not be given for existing vegetation listed on the Prohibited Plant List.
(b) If any vegetation fulfilling a requirement of this chapter dies or is removed, replacement plant materials must be installed in accordance these standards. Existing vegetation used to meet a requirement of this chapter must be protected during construction by a fence erected around the area encompassing an area one foot beyond the drip line of the vegetation. The enclosed area must be protected from any land disturbing activity, including placing materials within this protected area.
(c) Preservation of trees and surrounding vegetation will be given credit toward fulfilling landscaping requirements in this section as follows:
1. Existing trees and surrounding vegetation may be credited only one time towards any one buffer, screen, or other landscape area requirement.
2. Existing trees and surrounding vegetation must be located within the required landscape area to which it will be credited.
3. Existing trees that conform to these standards and are proposed to be used for credit must generally have location, species, caliper, and drip line indicated on the required landscape plan.
4. Existing trees will be credited as fulfilling a requirement based upon the tree size and provided that the minimum width of the surrounding landscape area is according to the criteria and the quantities of Table 5-2: Existing Tree Credits.
5. In the event an existing tree that was given credit is removed or dies within three years of the improvement location permit issuance date, replacement trees must be planted per Table 5-2: Existing Tree Credits. If the site cannot accommodate the number of replacement trees required, the Administrator may authorize an alternate location for the planting of the replacement trees within the Town as close to the site as feasible.
Table 5-2: Existing Tree Credits
Existing Tree Size (inches)
Minimum Width of Surrounding Landscape Area (Feet)
Number of Trees Credited
Number of Trees To Be Planted To Replace an Existing Tree
Table 5-2: Existing Tree Credits
Existing Tree Size (inches)
Minimum Width of Surrounding Landscape Area (Feet)
Number of Trees Credited
Number of Trees To Be Planted To Replace an Existing Tree
Over 36 DBH
15
10
10
24 to 36 DBH
15
8
8
12 to 24 DBH
10
6
6
8 to 12 DBH
8
4
4
4 to 8
5
2
4
2.5 to 4
5
1
2
(11) Native vegetation and natural landscaping areas.
(a) Growing native vegetation including ferns, grasses, sedges, rushes, forbs, shrubs and trees is permitted in lieu of turfgrass lawn. Natural landscape areas are permitted if planned and designed to control, direct, and maintain the growth of natural vegetation, primarily native, and may include the detention and infiltration of storm water runoff in the natural landscape area.
(b) Natural landscaping areas must not be located within two feet of a front lot line, or within four feet of any other lot line, except where the natural landscaping is separated from adjacent lots by fencing or continuous shrub growth three feet or more in height, or where the natural landscaping area abuts another permitted natural landscaping area on an abutting lot.
(c) Where a natural landscaping area is installed or preserved, a sign not exceeding one square foot should be installed indicating that the area is a natural landscape area and generally not mowed.
(12) Rain gardens, bioswales and storm water management features. Areas included in rain gardens or vegetated site features created to meet storm water management requirements of the Storm Water Specifications Manual may be counted towards any required interior site or parking lot landscaping, and if vegetated to meet the requirements for any landscaped buffers may count towards those buffer requirements. Where rain gardens or vegetated site features serving a storm water management purpose are installed, a sign not exceeding one square foot should be installed indicating the area should not be mowed.
(13) Retention and detention facilities. Landscaping must be provided around the perimeter of all retention and detention basins. Such landscaping must consist of trees, shrubs, and emergent plantings in a quantity, species, and arrangement that will maintain an ecologically functional environment. Per the Storm Water Specification Manual, tall plantings in the aquatic bench are desirable to keep waterfowl from the site. Retention and detention basins should be designed to resemble natural landforms, whenever possible. Such landscaping must be integrated with the littoral zone of emergent vegetation around the pond perimeter with the safety bench. Trees, shrubs, and upland plantings are to be located above the normal water line; emergent or wetland plantings are to be located below the normal water line. Vegetation must be established on all side slopes to prevent erosion. A storm water management easement and operation and maintenance agreement are required for each facility, clearly marking inlet/outlet structures and easements for inflow/outflow piping. Trees or deep-rooted vegetation must not be planted in any easement with storm drainage pipe. Vegetation must not obstruct inlet/outlet structures and inflow/outflow piping area.
(14) Alternative landscaping. The Administrator may approve an alternate landscape plan that does not meet the specific requirements stated in this if the Administrator determines that the alternative plan:
(a) Is consistent with the purposes of this chapter;
(b) Does not include invasive vegetation;
(c) Does not include a reduction of tree planting requirements;
(d) Provides equal or superior buffering of adjacent properties from anticipated impacts of the proposed development; and
(e) Provides equal or superior visual appearance of the property when viewed from the street;
(15) Installation and delay of installation due to season.
(a) Landscaping material used to meet the requirements of this chapter must be installed in accordance with the planting procedures established by the ANSI A300 Tree Care Operations: Standard Practices for Tree, Shrub and Other Woody Plant Maintenance.
(b) Landscaping material must be installed prior to issuing a certificate of occupancy. The Administrator may authorize a delay in installation up to 120 days due to periods of adverse weather, availability of plant material, or conflicts between construction scheduling and proper planting conditions. As a condition of authorizing a delay in installation, a surety or other guarantee, may be required, in a form acceptable to the Town, in the estimated amount of the installation. During any delay in installation, site management must comply with all applicable provisions for sediment and erosion control.
(16) Maintenance.
(a) All landscaping required by this chapter must always be maintained. Dead, missing, or damaged landscaping, or landscaping that supports less than 50% healthy leaf growth or shows dead branches over a minimum of 50% of the normal branching pattern must be replaced with healthy, live plants by the end of the growing season to maintain compliance with this chapter.
(b) The owner is responsible for the maintenance, repair, and replacement of all required landscaping, screening, and curbing.
(c) Fences, walls, and other barriers must be maintained in good repair. All barriers that are damaged, broken, or with failing paint must be repaired, replaced or refinished.
(d) Tree topping is prohibited. Tree topping is the practice of removing whole tops of trees, large branches or trunks from the tops of trees, leaving stubs or lateral branches that are too small to assume the role of a terminal leader.
(E) Landscape buffers.
(1) General standards.
(a) A buffer zone is required along common property lines between abutting land uses for the conditions described below. On properties with multiple owners, it is preferred that the buffer be located on private lots within a landscape easement rather than in a common area around the perimeter of the site. The owner's association must have the right to maintain or replace the required landscaping within the landscape easement if the property owner fails to do so.
(b) A buffer area is not required along a public right-of-way.
(c) The buffer area must contain natural landscape materials such as grasses, ground cover, shrubs, and trees. Parking or impervious surfaces are prohibited within the buffer area. Plant spacing should be designed to minimize sound, light, and noise impacts.
(d) If the adjacent property is undeveloped, the Plan Commission may allow the installation of the buffer to be deferred until the adjacent property is developed. A performance guarantee is required to ensure the buffer is installed when the adjoining property is developed (see § 154.161).
(e) Except for access drives or private streets, determined by the Plan Commission or Administrator to be necessary to provide safe access to a property, a building, structure, or parking lot cannot encroach into a required buffer area.
Table 5-3: Landscape Buffer Requirements
Table 5-3: Landscape Buffer Requirements
Large-Scale Multi-Family Residential Use Abutting Single-Family Residential Use
Where an apartment building: large use abuts an R1, R2, or R3 district, a landscape buffer must be provided using either Option 1 or Option 2 below.
Option 1
Option 2
20 feet minimum buffer width
Plantings at a rate of one shade tree or evergreen tree and five large shrubs per 25 linear feet of shared border.
15 feet minimum buffer width
An opaque wall or fence at least six feet tall placed at least three feet inside the property line of the proposed development and plantings at a rate of three medium shrubs per 25 linear feet of shared border must be provided between the fence or wall and the property line.
Small-Scale Multi-Family Residential Use Abutting Single-Family Residential Use
Where an apartment building: small use abuts an R1, R2, or R3 district, a landscape buffer must be provided using either Option 1 or Option 2 below.
Option 1
Option 2
15 feet minimum buffer width
Plantings at a rate of one shade tree or evergreen tree and five large shrubs per 25 linear feet of shared border.
8 feet minimum buffer width
An opaque wall or fence at least six feet tall placed at least three feet inside the property line of the proposed development and plantings at a rate of three medium shrubs per 25 linear feet of shared border must be provided between the fence or wall and the property line.
Commercial or Mixed-Use Abutting Residential Use
Where a commercial use or mixed-use abuts a residential use, a landscape buffer must be provided using either Option 1 or Option 2 below.
Option 1
Option 2
15 feet minimum buffer width
Plantings at a rate of one shade tree or evergreen tree and three large shrubs per 25 linear feet of shared border.
3 feet minimum buffer width
An opaque wall, fence or dense (at least 75% opacity) vegetative screen at least six feet tall and plantings at a rate of one shade tree per 35 linear feet of shared border.
If a fence or wall is provided, it must be placed at least three feet inside the property line of the proposed development and plantings at a rate of three medium shrubs per 25 linear feet of shared border must be provided between the fence or wall and the property line.
Industrial Use Abutting Residential Use
Where an industrial district, building, or project abuts a residential district or a lot containing any use listed as a residential use on the Permitted Use Table, a landscape buffer must be provided using either Option 1 or Option 2 below.
Option 1
Option 2
15 feet minimum buffer width
Plantings at a rate of one evergreen tree and four large shrubs per 25 linear feet of shared border.
3 feet minimum buffer width
An opaque wall, fence or dense (at least 100%
opacity) vegetative screen at least eight feet tall and plantings at a rate of one shade tree per 35 linear feet of shared border.
If a fence or wall is provided, it must be placed at least three feet inside the property line of the proposed development and plantings at a rate of three medium shrubs per 25 linear feet of shared border must be provided between the fence or wall and the property line.
Industrial Use Abutting Commercial Use
Where an industrial district, building or project abuts a commercial or industrial use, a landscape buffer must be provided by using either Option 1 or Option 2 below.
Option 1
Option 2
10 feet minimum buffer width
Plantings at a rate of one shade tree or evergreen tree and four large shrubs per 30 linear feet of shared border.
3 feet minimum buffer width
An opaque wall, fence or dense (at least 50% opacity) vegetative screen at least 6 feet tall and plantings at a rate of one shade tree per 40 linear feet of shared border.
If a fence or wall is provided, it must be placed at least three feet inside the property line of the proposed development and plantings at a rate of three medium shrubs per 25 linear feet of shared border must be provided between the fence or wall and the property line.
(F) Street frontage landscaping.
(1) In all districts, the front yard and street side yard must be landscaped with at least one shade tree per 35 feet of street frontage (Figure 5-1) and must be planted within 25 feet of the right-of-way (Figure 5-2). If overhead electric distribution lines are present, ornamental trees with a maximum mature height of 15 feet must be planted at a rate of at least one ornamental tree per 20 feet of street frontage. For lots with a front yard less than five feet deep or where the sidewalk extends from the back of curb to the lot line, tree wells may be installed in the right-of-way to accommodate the required frontage trees (Figure 5-3 and Figure 5-4). For tree wells adjacent to sidewalks measuring five feet wide or less, the tree well opening must be covered with a tree grate or surrounded by a fence or wall at least 18 inches in height. The opening in a tree grate for the trunk must be expandable or otherwise accommodate the mature diameter of the tree.
(2) All planting in the public right-of-way may be counted toward fulfilling the requirements of this chapter.
(3) On lots adjacent to a landscaped median in the right-of-way, 50% of the vegetation in the median that meets a street frontage and front yard landscaping requirement may be credited towards the landscaping requirements of this section.
(4) Where the rear yard of a residential lot abuts or is within 50 feet of an existing public right-of-way, perimeter landscaping must be provided within a landscape area at least 15 feet wide abutting the right-of-way planted at a minimum rate of two shade trees, three evergreen trees, one ornamental tree, and 15 shrubs per 100 lineal feet. The required landscaping may be placed within a landscape easement on the lot or within a common area abutting the right-of-way.
(5) Where the rear yard of a non-residential lot abuts or is within 50 feet of an existing public right-of-way perimeter landscaping must be provided within a landscape area at least ten feet wide abutting the right-of-way planted with a minimum of three shade trees, four evergreen trees, and 25 shrubs per 100 lineal feet. This requirement also applies where the street side yard of a non-residential lot adjoins an outdoor storage area located on the lot.
(G) Parking lot landscaping. Parking lots must provide at least the following landscaping unless otherwise required by this chapter.
(1) Street frontage landscaping. In addition to required street frontage landscaping, where a parking lot is within 50 feet of a street a landscape area at least five feet wide must be provided between the parking lot and the street planted with seven medium-sized shrubs per 35 linear feet of landscape area provided. If an opaque fence or wall is installed, the shrub requirement is reduced to three small shrubs per 35 linear feet planted on the street side of the fence or wall.
(2) Interior landscaping. Any parking lot with 20 or more parking spaces must provide interior landscaping. A landscape island at least 160 square feet in area must be provided per 20 parking spaces or fraction thereof. The islands should be distributed evenly throughout the parking lot with no more than 20 parking spaces in a row between islands. Landscape islands must be at least eight feet wide and planted with one shade tree per 160 square feet of interior landscape area. Trees must be planted at least three feet from the edge of the curb or pavement.
(H) Screening.
(I) Applicability. Screening is required around all trash dumpsters, around a staging or loading/unloading areas, and around outdoor storage areas; screening is required, even if the surrounding area or adjacent properties are not developed.
(J) Requirements.
(1) Unless otherwise permitted in accordance with this section, a screen consists of a solid, sight-obscuring fence or wall meeting the following specifications:
(a) Six feet high;
(b) Enclosed on all sides and not contain openings, other than an access gate, which always remains closed when not being used. A screen around a staging or loading/unloading area may provide an opening that does not contain an access gate;
(c) Constructed of masonry, treated wood or other material approved by the Plan Commission or Administrator and must be durable, weather resistant, rust proof and easily maintained;
(d) Trash dumpsters require a masonry enclosure. The enclosure and gates must be protected by bollards or other means to prevent vehicle damage.
(2) If approved by the Plan Commission or Administrator, a screen may consist of berms and/or landscaping as a substitute for a fence or wall. The alternate design must provide the same degree, or enhanced screening as required by this section.
(Ord. 2022-17, passed 7-19-2022)
§ 154.111 LIGHTING.
(A) Purpose and intent. The purpose of this chapter is to provide minimum standards for effective, economical, and attractive outdoor lighting. It is the intent of this chapter to:
(1) Discourage excessive lighting;
(2) Minimize glare and light trespass;
(3) Create a safe environment in hours of darkness;
(4) Regulate the type of light fixtures, lamps, and standards.
(B) Applicability. These regulations apply to all newly installed or relocated outdoor lighting.
(C) Exceptions.
(1) The following are exempt from the regulations of this chapter:
(a) All hazard warning lighting required by federal and state regulatory agencies;
(b) All temporary emergency lighting required by local law enforcement, emergency service and utility departments;
(c) All traffic control and directional lighting;
(d) All underwater lighting used for the illumination of swimming pools and water features are exempt from the lamp type and shielding standards of this section;
(e) All lighting for temporary festivals and carnivals;
(f) All low wattage residential accent and landscape lighting fixtures having a maximum output of 1,600 lumens (equal to one 100-watt incandescent light) per fixture.
(2) Outdoor light fixtures permitted prior to the adoption of these regulations are exempt from the shielding requirements of this chapter. When an outdoor light fixture becomes inoperable, the replacement light fixture must comply with the standards of this chapter.
(D) Prohibitions. The following actions are prohibited:
(1) The use of any mercury vapor lamp or low-pressure sodium lamp;
(2) The use of laser source light or other similar high-intensity light for outdoor advertising;
(3) The operation of searchlights and floodlights for advertising purposes;
(4) The use of any lighting source on towers is prohibited except as required by the Federal Aviation Administration;
(5) Neon tubing, LED strip lights, and other such lighting cannot be used to outline site elements such as buildings, walls, fences, or windows.
(E) General lighting standards.
(1) All light fixtures must be fully shielded and direct light downward. Internally illuminated signs or electronic signage is exempt from this standard.
(2) Lighting sources must be directed away from reflective surfaces to minimize glare upon adjacent lots and rights-of-way.
(3) Lighting sources must be positioned in such a manner as to direct light away from adjacent lots and rights-of-way. Internally illuminated signs or electronic signage is exempt from this standard.
(4) Light pole height must not exceed 25 feet. Light fixtures in parking facilities must be designed and located to confine emitted light to the parking facility.
(5) Light fixtures must meet Town Building Code requirements.
(6) Parking lots should be illuminated with a minimum light level of one foot-candle throughout the entire parking area. Uniformity of lighting throughout the parking area should not exceed 3:1 measured as a ratio of the average light level reading taken throughout the parking area and the lowest light level reading.
(7) The color temperature of any outdoor light source must not exceed 3,500 Kelvin. Outdoor light sources used exclusively for colorful decorative illumination of certain building facade or landscape features are exempt from this requirement.
(F) Multi-family residential, business and industrial standards.
(1) All light fixtures must be positioned so that no light emitting surface is visible from a residential lot or right-of-way when viewed at ground level. Internally illuminated signs or electronic signage is exempt from this standard.
(2) Light meter readings must not exceed 0.1 foot-candles at the lot lines of any residential use and 0.3 foot-candles at the lot lines of any non-residential use.
(3) Lights on poles, stands, or mounted on a building must have a shield, adjustable reflector, and non-protruding diffuser.
(4) Canopy structures must have lights with diffusers which are recessed, and which do not extend below the surface of the canopy.
(5) Lighting under awnings and canopies must only illuminate a front building facade, a sign under an awning or canopy, or the sidewalk, but must not illuminate the awning or canopy itself.
(6) Except for security lighting, parking facility lighting must be turned off or dimmed by at least 30% within 30 minutes of closing of the last business or no later than 11:00 p.m.
(7) Outdoor sports or recreational facilities must not be illuminated after 11:00 p.m., except to conclude a scheduled recreational or sporting event in progress prior to 11:00 p.m.
(G) Sign lighting.
(1) Light fixtures used to illuminate a billboard, other than a monument sign or an internally illuminated sign, must be mounted on top of or above the sign structure and must comply with the shielding requirements of this chapter.
(2) Light fixtures used to illuminate ground mounted or monument signs may be illuminated with a ground mounted or bottom mounted light fixture, provided the light fixture is fully shielded and all light output is directed onto the sign surface.
(3) Lamps used for the internal illumination of wall signs must be turned off at 11:00 p.m. or when business closes.
(H) Lighting plans. A lighting plan for proposed outdoor lighting must include:
(1) A site plan indicating the location of all existing and proposed lighting structures, supports and light fixtures;
(2) A graphic and textual description of all existing and proposed lighting fixtures. The description may include cut sheets and illustrations by the manufacturer, lamp types, wattages, and lumen outputs;
(3) A site plan with illuminance levels superimposed on the site plan in the form of an iso foot-candle diagram or point-by-point grid diagram. Lighting levels must be depicted at ten-foot intervals or less;
(4) The iso foot-candle diagram must plot foot-candle increments of 0.5 foot-candle or less;
(5) Photometric data depicting the angle of cut off of light emissions;
(6) Any other information the Administrator determines necessary to ensure compliance with the provisions of this chapter.
(Ord. 2022-17, passed 7-19-2022)
§ 154.112 PARKING STANDARDS.
(A) Purpose and intent. The purpose of these regulations is to establish standards for off-street parking and loading of motor vehicles, ensure adequate parking and access are provided in a safe and convenient manner, and to afford reasonable protection for adjacent land uses from light, noise, air pollution and other effects of parking areas. These regulations are designed to alleviate congestion of streets by establishing minimum requirements for on-site parking, access, storage, loading, and/or unloading. Off-street parking and loading facilities must be provided and maintained for all buildings, structures, or premises according to the provisions of this chapter.
(B) General requirements.
(1) Applicability of parking requirements.
(a) When the intensity of use of any building, structure, or premises is increased through the addition of dwelling units, floor area, or other unit of measurement, additional parking and loading facilities must be provided for the increase based on the requirements.
(b) Whenever the existing use of a building, structure, or premises changes or converts to a new use permitted by this chapter, parking and loading facilities must be added, if needed, to comply with the parking requirements.
(c) When additional parking is required, the following standards apply:
1. If the added parking or loading area comprises less than 50% of the existing area used for parking or loading, only the added parking or loading facilities are required to conform to the parking requirements.
2. If the added parking or loading area comprises 50% or more of the existing area used for parking or loading, the entire parking or loading area must be brought into conformance with the parking requirements.
(d) Nothing in this chapter prevents the voluntary establishment of off-street parking or loading facilities serving existing uses if the parking requirements are met.
(e) On-street parking is permitted, subject to the rules and conditions of the jurisdiction with authority over the street. Unless otherwise provided in this section, on-street parking does not count toward off-street parking requirements.
(2) Limitations on parking areas.
(a) Required off-street parking facilities can only be used for the parking of passenger vehicles or light trucks for patrons, occupants, or employees of specified uses. Parking facilities cannot be used for storage, display, sale, repair, dismantling, or wrecking of any vehicle, equipment, or material. Inoperable vehicles cannot be stored in an off-street parking area for more than 24 hours, except for areas approved for outdoor storage of vehicles.
(b) Parking on residential properties is restricted to passenger vehicles and no more than one commercial truck or van with a maximum capacity of three tons capacity (manufacturer's rating).
(C) Required off-street parking.
(1) Except for certain residential uses, there are no minimum required parking spaces. Instead, the owner provides parking spaces based upon the number employees, expected level of customer traffic, or actual counts at similar establishments. Consideration is given to the presence of convenient municipal off-street parking or on-street spaces located adjacent to the site and if walk-in trade is reasonable due to pedestrian connections to adjacent residential neighborhoods or employment centers.
(2) The town has established a maximum number of parking spaces permitted for each use. In determining the maximum number of off-street parking spaces permitted, the following instructions apply:
(a) Off-street parking requirements are calculated based on gross square footage of the use to which the parking is accessory, or as otherwise provided on the Permitted Use Table.
(b) If the calculation of required parking spaces results in a fraction, the fraction is rounded up to the next unit and counted as one additional space.
(c) For uses not specified on the Permitted Use Table, the maximum number of parking spaces permitted is determined by the Administrator, based on requirements for similar uses, the gross square footage of the use, and the relationship between the size of the use and the number of persons served or employed.
(3) The maximum parking space requirements of this section cannot be exceeded unless approved by the Plan Commission as part of site plan review. In approving excess parking spaces, the Plan Commission determines the parking is necessary to accommodate the use on a typical day. Additional parking spaces approved by the Plan Commission must incorporate pervious paving materials to the extent practical and as subsurface conditions allow.
(4) The minimum aisle width for angled parking is:
Angle of Parking Space
Minimum Aisle Width
30 degrees
14 feet
45 degrees
18 feet
90 degrees
22 feet
(D) Design standards. Off-street parking areas must be developed according to the standards of this section.
(1) Dimensions and layout.
(a) Each off-street parking space must open directly upon an aisle or driveway to provide safe and efficient vehicular access to the parking spaces aisles or driveways must remain unobstructed and always allow for the passage of emergency vehicles.
(b) Off-street parking spaces must be at least nine feet wide and 18 feet long with a vertical clearance of seven feet. Parallel parking spaces must be at least eight feet wide and 22 feet long. Parking spaces are exclusive of access drives, aisles, ramps, columns, and work area.
(2) Parking surface. Driveways and drive aisles must be surfaced with asphalt, concrete, or similar material to provide a durable and dustless surface. Gravel driveways and drive aisles are prohibited, unless approved by the Administrator for temporary uses or agricultural operations, including seasonal roadside stands. Pervious parking spaces are encouraged to reduce post-construction storm water runoff rates, volumes, and pollutant loads. The Administrator may approve the use of permeable surfaces such as pervious concrete, porous asphalt, permeable interlocking concrete pavers, and concrete or plastic grid pavers.
(3) Curbing. Curbs and gutters built per the town's construction standards are required around the perimeter of all parking facilities and landscape islands within the parking facilities to prevent a parked vehicle from extending beyond the parking area onto a street right-of-way or adjacent property and to protect landscaped areas.
(4) Residential driveways. A residential dwelling unit is limited to one driveway with a maximum width of 20 feet measured at the right-of-way line. In addition, residential driveways must be located at least 75 feet from a street intersection unless otherwise approved by the Administrator.
(5) Drainage or runoff. Parking areas must be graded and drained, so water does not flow onto adjacent property or public sidewalks. Runoff generated by parking areas must be collected in appropriate drainage facilities per the Bargersville storm water standards.
(6) Striping of parking. Parking areas must be striped and maintained to identify each parking space.
(7) Lighting. Parking lot lighting must comply with the standards of § 154.111.
(8) Landscaping. Off-street parking areas must be landscaped in accordance with § 154.110(G).
(9) Accessible parking. Accessible parking must be provided pursuant to the Americans with Disabilities Act (ADA) of 1990, as amended, for any building or use initiated after the effective date of this chapter.
(10) Accessibility. Off-street parking or loading facilities must be designed with vehicular access to a street or alley in a manner that least interferes with traffic movement on that street or alley. Vehicle maneuvering space for parking and loading must be located on the subject property. Properties deriving access to SR 135, SR 37, or CR 144 must comply with § 154.037(G).
(11) Location of parking and loading. Off-street parking and loading spaces must be provided on the same lot as the use served, except as otherwise provided in this chapter.
(12) Stacking requirements for drive-through facilities. The following requirements apply to uses with drive-through facilities.
(a) General requirements.
1. Drive-through lanes and required stacking spaces must not interfere with parking space maneuvering aisles, parking drive aisles, loading spaces, internal site circulation, designated fire lanes or site access points.
2. Drive-through lanes and stacking spaces must be designed to prevent vehicles from stacking in the right-of-way (Figure 5-6).
3. No stacking space may occupy any portion of a right-of-way.
4. A stacking space does not constitute a parking space.
5. All drive-through and stacking lanes must be delineated with pavement markings or otherwise distinctly delineated, as approved by the Administrator.
(b) A stacking space must be at least eight feet wide and 20 feet long with direct forward access to a service window or station of a drive-through facility.
(c) A lane at least eight feet wide parallel to a drive-through lane must be provided around the drive-through facility to allow vehicles to exit the drive-through lane and circumvent the stacking lane. This lane may be part of the site's overall circulation plan.
(d) Noted below are the minimum number of required stacking spaces, excluding the position at the service window or ordering station.
1. Fast food restaurant: seven stacking spaces;
2. Financial institutions, pharmacies, takeout, and deli-style restaurant with drive-through three stacking spaces per service window;
3. All other facilities: two stacking spaces per service window;
(E) Parking options.
(1) Credit for on-street parking. Wherever on-street parking is provided in the improvement of a street, credit toward off-street parking requirements may be granted for every parking space provided. On-street parking is subject to approval by the Administrator and specifically not permitted in the following areas:
(a) On an expressway or arterial street;
(b) Within 20 feet of a corner;
(c) Within five feet of each side of a driveway or alley;
(d) Within a fire hydrant zone or other emergency access zone.
(2) Shared parking. Groups of users requiring parking spaces may create a shared parking facility if all the criteria below are met. Approval by the Plan Commission is required.
(a) Off-site, off-street parking facilities are within 600 feet of the property.
(b) Safe and convenient pedestrian uses must be provided between the parking facilities and uses.
(c) Interior vehicle access must connect the properties sharing the parking facilities.
(d) A written reciprocal parking agreement or similar document with a minimum duration of 20 years, signed by all property owners involved is required. It must include provisions for: easements (if applicable), maintenance, snow removal, ownership, and liability. The agreement must be recorded in the County Recorder's office with a copy provided to the Department. When the reciprocal parking agreement expires or terminates, the uses for which the parking was provided are considered nonconforming. Continuation or expansion of the uses is prohibited unless the use is brought into compliance with the parking regulations of this chapter.
(3) Deferred parking. When development of a site will occur in phases, the Plan Commission may defer some of the required parking until it is needed if:
(a) A site plan shows all required parking but identifies those spaces that will not be constructed until needed.
(b) Any area designated for deferred parking must be maintained in a landscaped appearance. Parking lot landscaping required for the deferred spaces can be installed when the deferred parking area is constructed.
(c) Construction of all or a portion of the deferred parking spaces may be initiated by the owner or required by the Town based on actual parking needs.
(F) Parking as a principal use. The Board of Zoning Appeals may approve parking as a principal use of property as a special exception in according to this section.
(1) Site plan. A site plan is filed with the BZA as part of the special exception application. The site plan must indicate:
(a) All individual uses to be served by the parking, including the location, use, and number of parking spaces required for each use;
(b) The location of buildings, parking areas, and access points on all adjacent properties;
(c) The site layout drawn to scale and dimensioned of proposed entrance and exit driveways, accel/decel lanes, parking spaces, setbacks, drainage facilities, structures, buildings, landscaping, and buffer screening; and
(d) Location, size, and design of proposed lighting, pavement, and signs.
(2) Setbacks and access. Proposed parking facilities shall meet the setback requirements for principal buildings.
(3) Legal encumbrance. Parking as a principal use is encumbered by an instrument approved by the town that links the parking facilities to the uses served. The instrument specifies and binds the time period to the anticipated life of the building or use the parking facility serves. The instrument is filed with the improvement location permit files of the Department and recorded in the office of the Johnson County Recorder.
(4) Changes to site plans. Any change to a site plan resulting from conditions imposed by the BZA is made to the plans and submitted to the Administrator prior to issuing the permit. Other changes, such as modifying the number of parking spaces, altering the layout, or placing or removing a structure, requires approval of a new site plan. Minor changes (see § 154.180(G)(9) are approved by the Administrator. Changes other than minor changes are approved by the BZA.
(G) Off-street loading requirements.
(1) Uses requiring loading areas. Buildings used for manufacturing, storage, warehousing, retail sales, or other uses involving the receipt or distribution of materials or merchandise must provide adequate space for loading and unloading services to avoid undue interference with streets, alleys, and parking spaces.
(2) Loading area design requirements.
(a) Loading and unloading spaces must be paved, located to the side or rear of a building, and be at least ten feet wide by 50 feet long, with 15-foot height clearance.
(b) Loading spaces and maneuvering space for loading spaces cannot use any portion of a public right-of-way, private street, or access easement.
(c) Required loading spaces do not count toward required off-street parking spaces.
(3) Number.
(a) Business and professional offices, medical facilities, schools, hotels, clubs, and similar businesses must provide one loading berth for each 100,000 square feet of space or fraction thereof.
(b) Industrial manufacturing and warehousing uses must provide one loading berth for each 40,000 square feet or fraction thereof.
(c) Other business uses must provide loading berths based upon the size of the building as follows:
5,000 to 10,000 sq. ft.
One loading berth
10,001 to 25,000 sq. ft.
Two loading berths
Over 25,000 sq. ft.
One additional loading berth for each 25,000 sq. ft. or fraction thereof
(Ord. 2022-17, passed 7-19-2022)
§ 154.113 SIGNAGE.
(A) Purpose and intent. The purpose of this section is to promote the public health, safety, and general welfare through reasonable, consistent, and non-discriminatory sign standards. The sign regulations in this article are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the adverse secondary effects of signs, especially the secondary effects that may adversely impact aesthetics and traffic and pedestrian safety.
(B) Exempt signs. The following signs are exempt from this section:
(1) Government signs, including signs erected by the town for government purposes;
(2) Signs located entirely inside the premises of a building or enclosed space, other than window signs;
(3) Signs on a vehicle, other than an unlawful vehicle sign;
(4) Signs protected by state statute;
(5) Traffic control device signs;
(6) Public art, including public art murals.
(C) Prohibited signs. The following signs are prohibited unless protected by state statute, or otherwise allowed in this section:
(1) Abandoned signs;
(2) Signs that are animated, blink, flash, move, rotate, or have scrolling text;
(3) Balloon or inflatable signs;
(4) Billboards or off-premise advertising signs;
(5) Pole signs;
(6) Reflective or fluorescent signs;
(7) Signs attached to or painted on trees or natural features;
(8) Signs within the right-of-way;
(9) Signs installed, attached to, or painted on fences;
(10) Signs or sign support structures obstructing a means of egress, including any fire escape, window, door opening, stairway, exit, walkway, any utility access, or fire department connection;
(11) Signs interfering with any opening required for ventilation;
(12) Signs resembling traffic control device signs;
(13) Signs with exposed raceways;
(14) Snipe or bandit signs;
(15) Unlawful vehicle signs.
(D) Sign plans and sign program.
(1) Comprehensive sign programs. A comprehensive sign program is required for all projects consisting of multi-tenant buildings, nonresidential complexes with multiple buildings, or large-scale mixed-use developments. A comprehensive sign program provides design compatibility for all signs and integrates sign design with the architecture of the buildings. The comprehensive sign program must set design standards including: sign types, placement, size, design, colors, materials, textures, and method of illumination, as well as provide for the safe navigation for vehicles and pedestrians. If a sign subject to the comprehensive sign program complies with all the requirements of this chapter, it may be approved administratively. In determining approval, the Administrator must not base any approval on the message content of a sign.
(2) Master sign plans. The Plan Commission may approve a master sign plan as an alternative to the requirements set forth in division (I) for the following uses and developments:
(a) Multiple-tenant commercial, office, or employment uses;
(b) A multiple-building complex for a single commercial or employment use in a project exceeding 40 net acres;
(c) Indoor or outdoor entertainment and recreation uses;
(d) Auto malls;
(e) Hospitals;
(f) Hotels and commercial lodging having at least 150 guest rooms and a full-service restaurant or conference and meeting rooms;
(g) Regional retail shopping malls.
1. Conditions. The Plan Commission may attach conditions as necessary to assure the signs covered by the master sign plan will not be materially detrimental to persons or property in the vicinity. In making its determination, the Plan Commission must not base any condition on the message content of a sign.
2. Evaluation criteria. Master sign plans are evaluated on the following criteria:
a. Placement. Signs must be placed where they are visible and legible. Consideration is given to a sign's location relative to traffic movement and access points, site features, other structures, and orientation relative to viewing distances and angles. Wall signs may be approved on building walls other than the wall of the space occupied by the tenant in commercial centers where tenants have little or no visibility from the street.
b. Quantity. The number of signs approved within any development must be sufficient for internal traffic and navigation for vehicles and pedestrians.
c. Size. Signs must be no larger than necessary for visibility and legibility. A master sign plan must not contain a freestanding sign exceeding any maximum height standard permitted by this chapter by more than 50%. A master sign plan must not contain a wall sign exceeding any maximum sign area standard permitted by this chapter by more than 25%.
d. Design features and materials. Sign design themes and materials must be compatible with the architecture, colors, and materials of the project.
e. Development standards. The Plan Commission may not reduce any sign development standard to less than 50% of any minimum standard, nor increase any sign development standard by more than 100% of the maximum standard. The Plan Commission must not base any decision on the message content of a sign.
f. Amendments. The Administrator may approve minor amendments to a master sign plan involving noncommunicative activity, where such changes are determined to have little or no visual impact and are consistent with the intent of the original approval.
(E) Review of sign applications for permanent signs. Applications for permanent signs are considered by the Plan Commission, except for those applications subject to administrative approval by the Administrator. Approval for a permanent sign may be by:
(1) A comprehensive sign program;
(2) A master sign plan; or
(3) A separate Administrative Design Review application approved by the Administrator.
(F) General provisions for signs. The following general provisions for signs apply to this chapter and to all lawful conforming and nonconforming signs, unless otherwise indicated.
(1) Viewpoint neutrality. Unless stated to the contrary in this chapter, no sign or sign structure is subject to any limitation based upon the viewpoint of the message contained on the sign or displayed on the sign structure. It is the policy of the town to regulate signs to not favor commercial speech over noncommercial speech. The town does not regulate protected noncommercial speech by message content. Within this chapter, distinction between onsite signs and offsite signs applies only to commercial messages. It does not apply to noncommercial messages.
(2) Substitution of noncommercial speech for commercial speech. A sign may contain a noncommercial message instead of a commercial message. The noncommercial copy may be substituted in for the commercial copy. The noncommercial copy may occupy all or part of the entire sign face. The sign face may be changed from a commercial message to a noncommercial message or from one noncommercial message to another noncommercial message, provided there is no change in the sign structure.
(3) Approval criteria. When reviewing a sign permit or other sign approval, consideration is given to the following:
(a) The location and placement of the sign will not endanger motorists
(b) The sign will not interfere with the prominent view of a structure or facade of historical or architectural significance;
(c) The sign will not obstruct views of users or adjacent buildings to side yards, front yards or open space;
(d) The sign will not adversely impact the visual quality of a public open space, such as a public recreation facility, square, plaza, park, or courtyard;
(e) The sign is compatible with existing neighborhood building heights;
(f) The sign's lighting will not cause hazardous or unsafe driving conditions.
(4) Consent of legal owner of property. Except as required by state law, no sign may be displayed without the consent of the legal owner of the property where the sign is mounted or displayed.
(5) Signs on public property. Except as required by state law or otherwise permitted by this chapter, a sign installed or placed on public property is deemed illegal, forfeited to the public, and subject to confiscation. In addition to other remedies in this chapter, the town has the right to recover the cost of removal and disposal of the sign from the owner or person placing such sign.
(6) Placement of signs.
(a) An encroachment permit from the town is required prior to installing a permanent sign projecting into or over the public right-of-way.
(b) The lowest portion of any sign extending over an area intended for pedestrian use must be at least eight feet above finished grade.
(c) The lowest portion of any sign extending over an area intended for vehicular use must be at least 14 feet above the finished grade.
(d) Any sign placed on a sidewalk or other public right of way must comply with this chapter and applicable provisions of the Americans with Disability Act.
(e) Signs are prohibited within sight visibility triangles, except for appropriately placed traffic control device signs.
(7) Flag brackets and stanchions. For each principal structure on a parcel, up to two flag brackets or stanchions may be attached or placed for the display of flags.
(8) Measurement of sign area. The area of a sign is measured or calculated as follows (Figure 5-8):
(a) Background panel signs. Sign copy on a panel or area distinctively colored or constructed as a background is measured as the area contained within the sum of the geometric shapes enclosing both the sign copy and the background.
(b) Background surface signs. The area of a sign consisting of copy mounted as individual letters or graphics against a wall or building surface, that is not altered to provide a distinctive background for the sign copy, is measured as the sum of the smallest geometric shapes enclosing each word, graphic or discrete visual element in the total sign.
(c) Illuminated background signs. The area of a sign with copy on an illuminated surface is measured as the entire illuminated surface containing sign copy.
(d) Double-faced signs. If a sign has two display faces, and the interior angle between the two faces is 30 degrees or less, the sign area is one sign face only. If the two faces are different sizes, the larger sign face is used. If the sign has two display faces and the interior angle between the two faces is greater than 30 degrees, then the sign area is the sum of the areas of the two sign faces.
(e) Multi-faced signs. If a sign has three or more faces, the sign area is equal to 50% of the aggregate area of all sign faces.
(9) Measurement of sign height. The height of a freestanding sign is measured as the vertical distance from the average finished grade below the sign to the top edge of the highest portion of the sign (Figure 5-9). Any mounding or excavating solely for the purposes of increasing the height of the sign is included in this measurement. The maximum height limit excludes architectural embellishments less than 36 inches at the base of the sign and less than 18 inches at the top of the sign. For the purposes of this section, average finished grade below the sign is the lower of (a) the lowest elevation where the base of the sign meets ground level; or (b) the top of the curb of the nearest public street adjoining the property; or (c) the grade of the land at the principal entrance to the lot.
(10) Signs must provide at least six feet horizontal clearance and 12 feet overhead clearance from electrical conductors and from communications equipment or lines. Signs and their supporting structures must not interfere with surface and underground utilities or drainage systems.
(11) The Administrator or Building Commissioner may order the repair of signs declared a nuisance, and, with or without notice, may remove a structurally unsafe sign if it presents an immediate peril to the public health or safety.
(12) Replacement of a tenant sign panel containing the same design as the original on an approved sign structure with removable panels does not require a permit. Any tenant panel that is vacant or missing must be replaced within 30 days.
(13) When a tenant vacates a building suite, the fascia of the wall sign band must be repaired to its surrounding texture and color within 45 days of sign removal.
(G) Temporary signs. A temporary sign is not permanently attached to the ground, a building or another structure and is designed to be displayed temporarily. Unless otherwise provided in this section, temporary signs must meet the criteria below. A temporary sign may be displayed as a ground sign, wall sign, or a window sign.
(1) General criteria for temporary signs. A temporary sign is unlawful unless it meets the criteria established for the zoning district where it is located as described in Table 5-4. The general criteria and limitations in this section do not apply to A-frame and T-frame signs, banner signs, flying banner signs, flags, and umbrella signs.
(2) A-frame signs and T-frame signs. A-frame signs are portable, stand-alone signs comprised of two separate panels or faces joined at the top and spread apart at the bottom to form a base upon which the sign stands. A T-frame sign. Is a portable, stand-alone sign comprised of one single double-sided panel joined at the bottom to a spread apart base upon which the sign stands.
(3) A-frame signs and T-frame signs are unlawful unless they meet the criteria and limitations set forth in Table 5-5: Temporary Signs.
(a) A-frame signs and T-frame signs are permitted in all zoning districts but may be placed in single-family residential districts only in conjunction with non-residential uses.
(b) A-frame signs and T-frame signs must be located adjacent to the parcel or business advertised, supported by a base sufficient to withstand wind gusts, and maintained in good condition.
(c) A-frame signs and T-frame signs must be placed at grade level and not in medians, across the street from the business being advertised, or on multi-use pathways.
(d) The purchase and placement of A-frame signs and T-frame signs is not a substantial capital investment in the advertised business. Modification of the regulations resulting in further restriction or prohibition makes the signs illegal nonconforming signs that must comply with the new regulations.
(4) Banner signs. Banner signs are temporary signs of fabric, plastic, paper or other light pliable material not enclosed in a rigid frame. Banner signs are permitted in all zoning districts but may be placed in single-family residential districts only in conjunction with non-residential uses. Banner signs must meet the criteria and limitations in Table 5-5: Temporary Signs.
(5) Flying banner signs. A flying banner is a portable, stand-alone sign comprised of light fabric that moves with the wind, can turn 360 degrees, and is supported by a pole structure and a base. Flying banner signs must meet the criteria and limitations in Table 5-5: Temporary Signs.
(a) Flying banner signs are permitted in all zoning districts but may be placed in single-family residential districts only in conjunction with non-residential uses.
(b) Flying banner signs must be located adjacent to the parcel or business advertised, supported by a base sufficient to withstand wind gusts, and maintained in a professional manner.
(c) Flying banner signs must be placed at grade level and must not be placed in medians, across the street from the business being advertised on multi-use pathways.
(6) Sign walkers. A sign walker is a person waving "sales theme signs" with arrows at entrances to major highways or at corners of high traffic intersections directing customers to a sale. Also called sign twirlers, sign holders, human billboards. Sign walkers are permitted in all zoning districts. Sign walkers must comply with state law and meet the following criteria and limitations:
(a) Sign walkers must be located:
1. At grade level;
2. Thirty feet from a street or driveway intersection measured from the back of the curb or edge of pavement if no curb exists;
3. Five feet from the street measured from the back of curb or edge of pavement if no curb exists;
4. Sign walkers must yield right-of-way to pedestrians, bicycles and others on the sidewalks.
(b) Sign walkers must not be located:
1. In medians;
2. In parking aisles or stalls;
3. In driving lanes or driveways;
4. On multi-use pathways;
5. Where less than four feet clear passage is provided on a sidewalk or pathway;
6. On fences, planters, other signs, vehicles, utility facilities, or any structure;
7. Within 20 feet from any other sign walker;
8. In a manner that results in sign walkers physically interacting with motorists, pedestrians, or bicyclists.
(c) The sign must be displayed only when the business is open to conduct business and always held, worn, or balanced.
(d) The following are prohibited:
1. Any form of illumination, including flashing, blinking, or rotating;
2. Animation on the sign;
3. Mirrors or other reflective materials; or
4. Attachments including balloons, ribbons, speakers.
(7) Temporary residential subdivision signs. Temporary residential subdivision signs are permitted in single-family residential districts for each builder in a recorded subdivision plat. Temporary residential subdivision signs must meet the criteria and limitations set forth in the Table 5-5: Temporary Signs.
(8) Offsite temporary signs on private property. Offsite temporary signs are permitted in all zoning districts on unimproved lots or parcels of ten acres or more subject to criteria and limitations set forth in Table 5-5: Temporary Signs.
(H) Permanent sign lighting and changing message displays. The following general criteria and limitations for lighting and changing message displays must apply to permanent signs.
(1) General lighting standards. The illumination of signs must meet all regulations of the lighting standards in § 154.111.
(a) Except for changing message displays and marquee signs, any flashing, blinking, reflective, animated, or rotating lights, or signs with intermittent or varying intensity of illumination are prohibited.
(b) Exposed light sources are prohibited except for marquee signs. Light sources must be shielded to prevent light trespass onto adjacent properties.
(c) Exposed neon tube type illumination can only be used in commercial districts, subject to administrative approval of a comprehensive sign program or master sign plan. Exposed neon tubing must be appropriately sized. Exposed neon tube type illumination is prohibited in all other zoning districts.
(2) Sign illumination.
(a) Permanent sign on a parcel in a residential district. Except for an identification sign at the entrance of a residential subdivision, a permanent sign located on a parcel in a residential district cannot be separately or specially illuminated, unless otherwise specified in this chapter.
(b) Permanent sign on a parcel in a nonresidential district. A permanent sign on a parcel in a nonresidential district may be illuminated by internal illumination, internal indirect (halo) illumination, or lit by external indirect illumination, unless otherwise specified in this chapter.
(c) Internal illumination. Outdoor internally illuminated signs must be constructed with an opaque background and translucent letters or other graphical elements, or with a colored background and lighter letters or graphics.
(d) External indirect illumination. Externally lit signs must be illuminated only with steady, stationary, and shielded light sources directed solely onto the sign. Light bulbs or tubes (excluding neon) used for illuminating a sign must not be visible from the adjacent public rights-of-way and residential properties.
(e) Illumination of signs adjacent to single family residential uses. Signs located within 50 feet of a singlefamily district cannot be internally illuminated.
(3) Manual changing message displays. One-half the area of a freestanding monument or marquee sign may be a manual changing message display, subject to the criteria and limitations of this chapter.
(4) Electronic changing message displays. An electronic changeable message sign is a portion of a sign where copy and images are changed electronically, including a sign with a fixed or changing display/message composed of a series of lights that is changed through electronic means. The entire sign face of a freestanding monument, tower sign, and freeway sign may be an electronic changing message display if located within a zoning district where allowed and subject to the following operational limitations. For nonresidential uses in residential districts, one-half of the sign face of a freestanding monument sign may be an electronic changing message display, subject to the following operation limitations.
(a) Display. An electronic changing message display may be in full color.
(b) Minimum display time. An electronic changing message display must not change more than once every eight seconds.
(c) Transition method. An electronic changing message display must change by an instant change method.
(d) Illumination levels. An electronic changing message display must incorporate automatic dimming technology that adjusts to ambient light conditions. Displays must have a brightness level no greater than 0.3-foot candles above ambient light conditions.
(e) Maintenance. An electronic changing message display that ceases to operate in its normal programmed manner must be repaired or disconnected within 48 hours of the initial malfunction.
(I) Permanent sign types. The following types of permanent signs are allowed in one or more zoning districts, as more specifically set forth below.
(1) Street address signs.
(a) A sign permit is not required for street address signs.
(b) Each single-family dwelling unit must be clearly identified by a street address for first responders to locate the dwelling unit. The street address sign is a maximum of three square feet in sign area.
(c) Each multi-family dwelling unit must be clearly identified by a street address sign for first responders to locate the unit. The street address sign may be externally illuminated. The street address sign or unit and building identification signs is a maximum of six square feet in sign area.
(d) Each location of a business or nonresidential use must be clearly identified by a street address for first responders to locate. The street address sign may be externally or internally illuminated. The street address sign is a maximum of six square feet in sign area.
(2) Unit and building identification signs.
(a) A sign permit is not required for unit and building identification signs.
(b) Each multi-family dwelling unit must be clearly identified by a unit and building identification sign for first responders to locate unit, unless the unit or building has a street address sign that is specific to that unit. The unit and building identification sign may be externally illuminated and is a maximum of six square feet in sign area.
(c) Each location of a business or nonresidential use must be identified by a unit and building identification sign for first responders to locate the unit. The unit and building identification sign may be externally illuminated and is a maximum of six square feet in sign area.
(3) Wall signs in residential uses. A wall sign is any sign attached parallel to a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
(a) Each single-family dwelling unit may have one permanent wall or ground sign not exceeding three square feet in size and not exceeding two feet in height if placed as a ground sign. This sign is allowed in addition to the required street address sign for a single-family dwelling unit.
(b) Each individual dwelling unit in a multi-family dwelling unit may have one permanent wall or ground sign not exceeding three square feet in size and not exceeding two feet in height if placed as a ground sign.
(4) Wall signs in nonresidential uses.
(a) Design. Wall signs must fit proportionally with building massing and architectural features of the elevation.
(b) Length. The length of a wall sign must not exceed 80% of the horizontal length of the exterior building elevation of a tenant suite.
(c) Height. The height of a wall sign is 80% of the vertical dimension of the sign band or wall space on which the sign is placed.
(d) Placement. Wall signs must maintain a minimum clearance between the top of the sign and the top of the parapet wall equal to half of the vertical dimension of the largest letter in the sign. Top floor signage located on multi-story buildings may span floor plates.
(e) Wall signs on building elevations abutting property designated for residential use in the Comprehensive Plan must:
1. Not be illuminated;
2. Not exceed 16 square feet in sign area; and
3. Be installed no higher than 14 feet above grade.
(f) Wall sign area: buildings one-story in height. Wall signs on a building one-story in height must conform to the following criteria:
1. Each tenant suite is permitted a wall sign which may be located on any exterior wall of the tenant or user suite.
2. Each tenant suite is limited to a wall sign with a sign area no greater than the total sign allowance area defined below for: (i) the longest building elevation of the tenant or user suite facing the street; or (ii) the length of the building elevation of the tenant suite where its principal entrance is located.
3. For buildings set back 75 feet or less from the right-of-way, the sign allowance area is one square foot of sign area for each lineal foot of the building elevation adjacent to the suite. For buildings set back more than 75 feet from the right-of-way, the sign allowance area is 1.5 square feet of sign area for each lineal foot of building elevation adjacent to the suite.
4. Buildings with at least two building elevations facing streets and/or main private circulation drives are permitted double the sign allowance area. Signs may be located on more than two elevations if the maximum allowance is not exceeded. In no event can the double sign allowance area be used on a single elevation.
5. Approval is required through a comprehensive sign program and/or a master sign plan if the building is a multi-tenant building.
(g) Wall sign area: buildings two stories in height. Wall signs on multiple floors of a building two stories in height must conform to the following criteria.
1. Individual tenant signs located on the first floor of a building two stories in height are subject to the same criteria as tenant signs for a building one-story in height, as set forth in division (F)(4)(f)) above.
2. Individual tenant signs and building signs located on the second floor of a building two stories in height is 32 square feet in sign area. Individual tenant signs and any building signs may be placed on any approved sign band or wall space on the second floor. The maximum wall sign area, including all tenant signs and building signs, must not exceed 50% of the lineal building elevation on the second floor.
3. Buildings with at least two building elevations facing streets and/or main private circulation drives are permitted double the sign allowance area. Signs may be located on more than two elevations if the maximum allowance is not exceeded. The double sign allowance area cannot be used on a single elevation.
4. Approval is required through either a comprehensive sign program or a master sign plan.
(h) Wall sign area: buildings three or more stories in height. Wall signs located on buildings three or more stories in height are limited to the first floor and top floor and must conform to the following criteria.
(i) Individual tenant signs located on the first floor are subject to the same criteria as tenant signs for a building one story in height, as set forth in division (F)(4)(f) above.
(j) The sign area for a wall sign on the top floor is not counted against the sign allowance area of a wall sign on the first floor. Wall signs located on the top floor are limited to either: (a) one building sign and one tenant sign or (b) two tenant signs. A wall sign located on the top floor must adhere to the criteria contained in Table 5-7: Top Floor Sign Area and Height Standards for On-Premise Wall Signs. The maximum sign area for a wall sign on the top floor cannot be increased through a comprehensive sign program or master sign plan.
(k) Buildings with two building elevations facing streets and/or main private circulation drives are permitted double the sign allowance area. Signs may be located on more than two elevations if the maximum allowance is not exceeded. The double sign allowance area be used on a single elevation.
(l) Approval is required through either a comprehensive sign program or a master sign plan.
(5) Wall signs for nonresidential uses in residential zoning districts.
(a) Design. Wall signs must fit proportionally with building massing and architectural features of the elevation.
(b) Length. The length of a wall sign must not exceed 80% of the horizontal length of the exterior building elevation of a tenant suite.
(c) Height. The height of a wall sign must not exceed 80% of the vertical dimension of the sign band or wall space on which the sign is placed.
(d) Placement. Wall signs must maintain a minimum clearance between the top of the sign and the top of the parapet wall equal to half of the vertical dimension of the largest letter in the sign. Top floor signage located on multi-story buildings may span floor plates.
(e) Wall signs on building elevations abutting property designated for residential use in the Comprehensive Plan must:
1. Not be illuminated;
2. Not exceed 16 square feet in area; and
3. Be installed no higher than 14 feet above grade.
(6) Wall sign area: buildings one or more stories in height. Wall signs must only be located on one floor of a single-story or multi-story building and must meet the following criteria.
(a) Each tenant suite is permitted a wall sign with a minimum sign area of 32 square feet on any exterior wall of the tenant suite on the first floor of the one-story building.
(b) Each tenant suite is limited to a total wall sign area no greater than the total sign allowance area, defined below for (i) the longest building elevation of the tenant suite facing the street; or (ii) the length of the building elevation of the tenant suite where the principal business entrance is located.
(c) For buildings set back 75 feet or less from the right-of-way, the sign allowance area is one square foot of sign area for each lineal foot of the building elevation adjacent to the suite. For buildings set back more than 75 feet from the right-of-way, the sign allowance area is 1.5 square feet of sign area for each lineal foot of building elevation adjacent to the suite.
(d) A tenant suite with two or more building elevations facing streets and/or main private circulation drives is permitted twice the sign allowance area. The double sign allowance cannot be used on a single elevation.
(e) If the top floor of a multi-story building is chosen for the allowable wall signs, the top floor wall signs are limited to either (i) one building sign and one tenant sign; or (ii) two tenant signs. A wall sign on the top floor must adhere to the criteria contained in Table 5-7: Top Floor Sign Area and Height Standards for On-Premise Wall Signs. The maximum sign area for a wall sign on the top floor cannot be increased through a comprehensive sign program or master sign plan.
(f) Approval is required through a comprehensive sign program or master sign plan.
(7) Painted wall signs. In business districts, painted wall signs are permitted on any exterior building wall of the tenant suite. The sign area of a painted wall sign must be included in the sign allowance area. Painted wall signs may be indirectly illuminated with lighting fixtures that are decorative and architecturally compatible with the building.
(8) Wall signs at entrances to non-residential tenant offices or suites. Each nonresidential tenant suite may have one permanent wall sign not to exceed three square feet in area. This allowed sign is in addition to any required street address sign and unit and building identification sign. A sign permit is not required for this type of sign.
(9) Wall signs at entrances to restaurants. In addition to any other wall sign allowance, a restaurant is allowed one wall sign installed within ten feet of its main entrance. The wall sign is six square feet in area and six feet in height. The wall sign may be internally or externally illuminated.
(10) Wall signs at service and delivery entrances. In addition to any other wall sign allowance, a service or delivery entrance is allowed one permanent wall sign installed within ten feet of its entrance. The wall sign is six square feet in area and six feet in height. The wall sign may be internally or externally illuminated.
(11) Window signs. A window sign is any sign that is placed inside a window or upon the windowpanes or glass either inside or outside the building and is visible from the exterior of the structure. Window signs are permitted in all zoning districts but may be placed in single-family residential districts only in conjunction with nonresidential uses as a permanent wall sign. The window sign cannot cover more than 25% of the window area. Window signs may be internally illuminated. A sign permit is not required for a window sign.
(12) Door signs. Door signs are permitted provided that the door sign does not cover more than 25% of the door area. Door signs must not be illuminated. A sign permit is not required for a door sign.
(13) Wall-mounted cabinet signs. A cabinet sign is a three-dimensional enclosed structure which includes all messages and copy with a single or double sign faces. Permanent wall-mounted cabinet signs are allowed in nonresidential districts and must be stylized in shape to reflect the shape of the image printed on the sign face or the molded sign face, with embossed sign copy or sign copy in relief. This provision does not apply to canopy signs for service islands regulated in division (26). This provision does apply to projecting signs and projecting roof signs.
(14) Projecting signs. A projecting sign is a double-faced sign attached to a building or wall and extending perpendicular to the face of the building or wall not more than 48 inches. In business districts, permanent projecting signs are allowed when affixed to the exterior building wall of the tenant suite. The allowable sign area must be included in the maximum sign area allowed in division (F) and when combined with any other sign area, must not exceed the maximum sign area. Projecting signs may be internally or indirectly illuminated. Lighting fixtures must be decorative and architecturally compatible with the building. Projecting signs must be stylized in shape to reflect the shape of the image printed on the sign face. Fixtures used to affix the projecting sign to building walls must be decorative and architecturally compatible with the building.
(15) Projecting roof signs. A roof sign is erected and constructed wholly on and over the roof of a building and supported by the roof structure. In business districts, permanent projecting roof signs are allowed subject to the same criteria set forth above for projecting signs. However, the height of a projecting roof signs must not exceed the height of a roofline or parapet by more than 25% of the overall height of the sign. The Planning Commission may approve heights greater than the 25% through a comprehensive sign program, master sign plan, or a design review application, when the proposed plan or application demonstrates that the projecting roof sign is incorporated into the building's architecture. A projecting roof sign incorporated into the building's architecture must not exceed the height of the building's roofline or parapet by more than 30% of the overall sign height.
(16) Suspended signs. A suspended sign is suspended from a roof overhang of a covered porch or walkway, which identifies the tenant of the adjoining space. In business districts, one permanent suspended sign is allowed for each permitted tenant building elevation. The sign must be suspended from a roof overhang of a covered porch or walkway adjacent to the exterior building wall of the tenant. The sign area is a maximum of six square feet. The size of the suspended signs is not included in the maximum sign area set forth in division (I). Suspended signs may be indirectly illuminated. Lighting fixtures must be decorative and architecturally compatible with the building.
(17) Drive-through lane signs. A drive-through lane sign is oriented to occupants of vehicles using a drive-through lane at an establishment offering transactions through a window, with or without ordering capability. No more than two drive-through lane signs are allowed for each drive-through lane serving a business establishment. The signs may be either a wall mounted sign or a ground sign. The signs must be no larger than 50 square feet and seven feet high. A drive-through ground sign must be constructed with a solid base.
(18) Freestanding sign: monument signs. A freestanding sign is erected or mounted on its own self-supporting structure or base detached from any supporting elements of a building, wall, or fence. A monument sign is not attached to or painted on a building, but which is mounted on a wall or structure and permanently attached to the ground. Permanently attached means that the supporting structure of the sign is attached to the ground by a concrete foundation. Monument sign structure bears no visible freestanding poles.
(a) For a nonresidential use in a residential district, one onsite monument sign is permitted for any lot or parcel with a minimum of 100 feet of street frontage. One additional monument sign is permitted for each additional 300 feet of street frontage. The maximum size of a monument sign is 32 square feet and eight feet high. Monument signs must be set back at least ten feet from the right-of-way.
(b) In business, industrial, and mixed-use zoning districts, one onsite monument sign is permitted for any lot or parcel with a minimum of 100 feet of street frontage. One additional monument sign is permitted for each additional 300 feet of street frontage. The height of a monument sign must be no greater than 12 feet to the top of design embellishments, and the sign face must be located between two feet and ten feet above grade with design embellishments added to the top, sides, or bottom of the sign. The maximum area of a monument sign is 60 square feet. Monument signs must be set back a minimum of ten feet from the right- of-way. Monument signs must maintain a minimum spacing of 100 feet from any other monument sign on the same street frontage.
(19) Freestanding sign: tower signs. A tower sign is a freestanding sign greater than eight feet and not more than 15 feet in height. In business zoning districts for retail centers exceeding 40 acres, and in the industrial and mixed-use zoning districts for sites that abut a freeway and exceed 40 acres, one onsite tower sign is permitted for each 500 feet of street frontage, provided the total number of all freestanding signs, including monument signs, must not exceed one sign per 300 feet of street frontage. The maximum height of a tower sign is 15 feet. The maximum sign area of a tower sign is 80 square feet. The maximum sign area of a tower sign may be increased by an additional 20 square feet for the identification of tenants or occupants of suites 5,000 square feet or less. Tower signs must be set back a minimum of ten feet from the right-of-way. Tower signs must maintain a minimum spacing of 300 feet from any other freestanding sign on the same street frontage.
(20) Freestanding sign: onsite traffic directional signs. In the business, industrial, and mixed-use zoning districts, onsite traffic directional signs are permitted as necessary to assist in movement of vehicular traffic on a property for the safety of pedestrian and vehicle traffic. The maximum sign area of an onsite traffic directional sign is three square feet, and the maximum height of onsite traffic directional sign is three feet. An onsite traffic directional sign must be set back at least 25 feet from the right-of-way and not be located within the required perimeter landscape area. Onsite traffic directional signs are not counted as part of a maximum or total sign area for any use and do not require a sign permit.
(21) Freestanding sign: residential subdivision entry signs. A development gateway and entry sign is placed at the street entrance to a single family subdivision, multiple family development, planned unit development, office park or similar consolidated development, identifying the name of the subdivision or development. A residential subdivision entry sign at the principal entries to residential subdivisions may have one entry sign on each side of the street. For entrances with a median, the entry sign may be placed in the median. The maximum sign area of the residential subdivision entry sign is 25 square feet, and the maximum height is eight feet. The residential subdivision entry sign must be set back a minimum of ten feet behind the right-of-way. A residential subdivision entry sign must be indirectly illuminated. The residential subdivision entry sign must be incorporated into the design of an entry wall, which must be architecturally compatible with other subdivision improvements. Residential subdivision entry sign structures require approval by the Plan Commission or Administrator as part of the subdivision site plan. Residential subdivision entry sign structures added following the initial development of the subdivision require administrative design review approval.
(22) Freestanding sign: multi-family complex entry signs. A multi-family complex entry sign at the principal entries to a multi-family complex may have one entry sign on each side of the street. The maximum sign area of a multi-family complex entry sign is 32 square feet, and the maximum height is eight feet. The multi-family complex entry sign must be set back a minimum of ten feet behind the right-of-way. A multi-family complex entry sign must be indirectly illuminated. A multi-family complex entry sign structure must be architecturally compatible with the complex.
(23) Freestanding sign: directory sign. A directory sign shows the locations of tenants in a multi-tenant commercial, office, or employment complex, or tenants in a multi-family residential project. In the business, industrial, and mixed-use zoning districts, one directory sign is permitted for every four commercial tenants or uses. The maximum sign area of the directory sign is 40 square feet, and the maximum height of the directory sign is eight feet. A directory sign must only be installed onsite within landscape islands or pedestrian areas.
(24) Awning signs. An awning sign is painted, installed, attached, applied to, or located directly on an awning. In business districts, an awning sign may be located on the valance of an awning. Graphics must be permanently affixed to the awning and may be silkscreened, painted, cutout lettering heat color transfer, pressure sensitive vinyl films, sewn applique signs, etc. An awning sign may be indirectly illuminated or backlit. An awning sign must not obstruct sidewalks, accessible paths of travel, or the visibility of other signs. Lighting fixtures must be decorative and architecturally compatible with the building.
(25) Marquee signs. A marquee sign is painted, installed, attached, applied to, or located directly on a marquee. In business districts, a marquee sign may be located on a marquee that is approved by the Plan Commission as part of a design review application, a comprehensive sign program or master sign plan. A marquee sign must only be located at the primary entrance of the tenant suite to which it is appurtenant. The colors, materials, and design of a marquee sign must complement the design of the building it serves. A marquee sign may be internally or indirectly illuminated. Marquee signs must not be visible from adjacent residential properties. A marquee sign may include a manual changing message display. Sign copy must be changed manually. Electronic or mechanical sign copy change is prohibited. A marquee sign must not obstruct sidewalks, required accessible paths of travel, or the visibility of other signs. Lighting fixtures must be decorative and architecturally compatible with the building.
(26) Canopy signs for service islands. A canopy sign is mounted permanently on or under a service island canopy. Each service island can have up to two canopy signs per service island. The maximum sign area of a canopy sign is 12 square feet. No part of the sign must project from a canopy wall by more than six inches. The height cannot exceed 80% of the vertical dimension of the canopy wall. The sign area of a canopy sign does not count against the maximum sign area allowed for wall signs on the parcel.
(27) Historic markers. A historic marker commemorates a historic person or event, or identifying a historic place, structure, or object. One historic marker per parcel is allowed. The maximum sign area of a historic marker is six square feet. A sign permit is not required for a historic marker.
(J) Permitted permanent signs by zoning district. The permanent sign types allowed by zoning district and the applicable permitting plan, program, or other review process are set forth below in Table 5-8: Permitted Permanent Signs by Zoning District. Refer to each sign type for criteria and limitations as specified in division (I).
(K) Sign maintenance. Maintaining legal signs is allowed without a permit. Sign maintenance is the replacement or repair of a part of a sign required by ordinary wear, tear, or damage, with like material, color, and design. Maintenance of legal signs does not include changing the color, size, design, or style of signs. Any sign or component which is damaged and constitutes a danger to public safety must be promptly repaired or replaced. Surface materials and components must be kept free of chipping, peeling, fading, cracks, holes, buckles, warps, splinters, or rusting visible from an adjacent property or street. Illuminated signs must be maintained in good operating condition including prompt removal and replacement of all defective lamps, damaged electrical wiring, and malfunctioning control devices and related circuitry.
(L) Nonconforming signs.
(1) If a nonconforming sign becomes an abandoned sign, it must be removed after notice to the property owner, unless the property owner establishes sufficient facts to refute the presumption of abandonment. An abandoned sign is a sign not operated or maintained for 180 calendar days or longer. An abandoned sign includes a sign on which is advertised a business that is no longer doing business on the parcel where the sign is located. An abandoned sign includes a sign for a purpose for which the purpose has lapsed. The following conditions shall be considered as the failure to operate or maintain a sign:
(a) The sign displays advertising for a product or service which is no longer available;
(b) The sign displays advertising for a business which is no longer licensed; or
(c) The sign is blank.
(2) If a property or development is expanded or modified to add new signage, all nonconforming signs must be removed or rebuilt to comply with the provisions of this chapter.
(3) Sign faces may be replaced on non-conforming signs.
(4) Changes to a property that add or alters existing signage is prohibited until all non-conforming signs are removed or rebuilt in conformance with this chapter. Existing signage not conforming to the restrictions on cabinet signs or raceways need not be brought into conformance if demonstrated to the Administrator that the signage permitted by this chapter is not structurally feasible.
(M) Sign violations.
(1) Requirement of permit. Unless specifically exempted, it is unlawful for any person to construct, install, attach, place, paint, alter, relocate, or otherwise maintain any sign in the town without first obtaining a sign permit in according to the provisions of this chapter.
(2) Requirement of compliance. Signs must be installed, placed, or maintained in the town only in compliance with this chapter. Signs maintained contrary to the provisions of this chapter are declared to be nuisances and may be abated as provided by law. The responsibility for compliance with this chapter rests upon the sign owner, the permit holder, and parties holding the present right of possession and control of the property where a sign is located, mounted, or installed, and the legal owner of the lot or parcel, even if the sign was installed without the consent or knowledge of the owner and/or other parties holding the legal right to immediate possession and control. Signs not in compliance with this chapter are subject to enforcement proceedings as specified in §§ 154.180 to 154.183.
(N) Sign regulation tables.
Table 5-4: Temporary Signs: General Criteria and Limitations
Standard
Residential Districts
Non-Residential Districts
Table 5-4: Temporary Signs: General Criteria and Limitations
Standard
Residential Districts
Non-Residential Districts
Maximum number of signs per parcel
41
4
Maximum sign area
6 sq. ft.
32 sq. ft.
Sign height maximum for a freestanding sign2
4 ft.
6 ft.
Sign height maximum for a wall sign (inclusive of a window sign3)
6 ft.
15 ft.
Minimum setback/distance from right-of-way4
10 ft.
10 ft.
Minimum spacing from any other sign (temporary sign or permanent sign)2
15 ft.
15 ft.
Permit required
No
No
Incorporation of florescent color or exhibition of florescence allowed
No
No
Permission of owner required
Yes
Yes
Allowed within a sight visibility triangle
No
No
Allowed on public sidewalk/right-of-way5
No
No
Duration allowed after conclusion of an event if sign pertained to an event
3 days
3 days6
Lighting or Illumination Allowed
No
No
Movement Allowed
No
No
Notes:
1 In single-family residential districts, each single-family residential use with at least one principal structure may place up to six offsite temporary signs on private property for the purpose of directing the public to a residential activity (e.g. real estate open house, garage/yard sale, estate sale). The signs must be displayed only during the hours the single-family residence is open for public inspection.
2 Not applicable to signs displayed on flagpoles.
3 Window Signs cannot cover more than 25% of the first-floor window area.
4 Minimum sign setbacks are measured from the edge of the property line. Setbacks do not apply to wall signs or signs affixed to a temporary construction fence.
5 Government signs displaying government speech are exempt from regulation under this chapter.
6 Temporary signs advertising the grand opening of a business or other enterprise may be placed no more than two weeks prior to the date of the grand opening and must be removed within two weeks of the grand opening.
Table 5-5: Temporary Signs
Standard
A-Frame and T-Frame Signs
Banner Signs
Flying Banner Signs
Table 5-5: Temporary Signs
Standard
A-Frame and T-Frame Signs
Banner Signs
Flying Banner Signs
Maximum Number of Signs
4 per business1
1
4 per business1
Maximum Sign Area
N/A
40 sq. ft. per side for occupancies up to 5,000 sq. ft.; 80 sq. ft. per side for occupancies 5,000 sq. ft. to 15,000 sq. ft.; 120 sq. ft. per side for occupancies 15,000 sq. ft. to 50,000 sq. ft.; or 180 sq. ft. per side for occupancies greater than 50,000 sq. ft.
12 sq. ft.
Maximum Width
31"
N/A
N/A
Maximum Height
45"
8 ft. if displayed as a freestanding sign
15 ft.
Minimum Setback/Distance from Roadway3
5 ft.
10 ft. if displayed as a ground sign
10 ft. from edge of curb or a distance equal to the height of the sign, whichever is greater
Maximum Width of Public Sidewalk the Sign May Obstruct
No more than 1/3 of the width of a public sidewalk and must provide at least 4 ft. of sidewalk clearance
0 ft.
No more than 1/3 of the width of a public sidewalk and must provide at least 4 ft. of sidewalk clearance
Maximum Distance of Sign from Premises2
10 ft.
N/A
N/A
Minimum Distance from an Access Drive or Street Intersection
N/A
N/A
30 ft.
Minimum Spacing from any Other Sign (temporary sign or permanent sign)4
20 ft.
15 ft.
20 ft.
Duration
Only during hours when business is open
No more than 120 days per year, aggregate
Only during hours when business is open
Allowed on Public Sidewalk/ Right- of-Way
Yes
No
Yes
Permission of Owner Required
Yes
Yes
Yes
Allowed within a Sight Visibility Triangle
No
No
No
Lighting or Illumination Allowed
No
No
No
Permit Required
No
Yes
No
Movement Allowed
No
No
Yes
Incorporation of Florescent Color or Exhibition of Florescence Allowed
No
No
No
Notes:
1 The combined total number of A-Frame, T-Frame, and flying banner signs cannot exceed 4 per business.
2 Setbacks do not apply to a banner sign displayed on a wall, a wall sign, or signs affixed to a temporary construction fence.
3 Signs may be allowed at the perimeter of a multiple-tenant commercial/office complex or employment park, but only pursuant to an approved sign plan.
4 Not applicable to signs displayed on flagpoles.
5 The maximum aggregate sign area of all temporary residential subdivision signs is 256 square feet.
Subdivision plats, replats, amendments or corrections to a recorded plat cannot be recorded until approved according to this chapter. Approval must be in writing on the plat by the Administrator. Amendments or corrections to a recorded plat must be cited as an addendum to the approved plat.
(Ord. 2022-17, passed 7-19-2022)
§ 154.131 SUBDIVISION TYPES.
This subchapter establishes the process for subdividing land to ensure conformity to the standards of this chapter. Subdivision applications will generally be considered favorably by the Plan Commission and Administrator. There are four types of subdivisions: exempt subdivisions, administrative subdivisions, minor subdivisions, and major subdivisions. Subdivisions of all types are permitted in all zoning districts except in the AG Agriculture District where minor subdivisions and major subdivisions are prohibited.
(A) Exempt subdivisions. Exempt subdivisions are one of the following types of land division:
(1) A division of land for the sale or exchange of tracts to correct errors in an existing legal description, provided that no additional lots are created by the division;
(2) A division of land pursuant to an allocation of land in the settlement of a decedent's estate or a court decree for the distribution of property;
(3) A division of land for the acquisition of street right-of-way or easement;
(4) A division of land for the sale or exchange of tracts between adjoining landowners, provided no additional lots are created by the division and the lots meet the minimum standards of the zoning district of the land's location;
(5) A division of land into cemetery plots for the purpose of burial of corpses.
(B) Administrative subdivisions. This process applies to proposed adjustments to property lines when no new lots are created or when parcels are merged. The following situations qualify:
(1) Adjusting lot lines where the resulting lots conform to the standards of this chapter. When the existing lots currently do not conform, the adjustment should not increase nonconformance;
(2) Combining common ownership lots to lessen the total number of buildable lots;
(3) Adjusting lot lines to address issues of property line encroachment or buildings across property boundaries.
(C) Minor subdivisions. A minor subdivision results in four or fewer lots (including the parent parcel) and does not involve the creation of new interior streets, adjustments to design standards, or the creation of common areas.
(D) Major subdivisions. A major subdivision is any subdivision other than an exempt subdivision, administrative subdivision, or a minor subdivision.
(Ord. 2022-17, passed 7-19-2022)
§ 154.132 APPROVAL PROCESS OVERVIEW.
(A) The approval process varies based upon the type of subdivision.
(1) Exempt subdivision. No approval is required for exempt subdivisions.
(2) Administrative subdivision. Approval of an administrative subdivision is a one-step process involving the approval of a secondary plat. The approval or disapproval of an administrative subdivision is delegated to the Administrator.
(3) Minor subdivision. Approval of a minor subdivision is a one-step process involving the approval of a secondary plat. The approval or disapproval of a minor subdivision is delegated to the Administrator. The Plan Commission may approve a waiver allowing the creation of more than four lots if the other requirements for a minor subdivision are met.
(4) Major subdivision. Approval of a major subdivision is a two-step process including the approval of a primary plat and a secondary plat. The approval or disapproval of a primary plat is delegated to the Plan Commission. After a primary plat approval, a property is eligible for secondary plat approval. The approval or disapproval of a secondary plat is delegated to the Administrator.
(B) Appeal. If the applicant does not agree with the approval conditions or disapproval of a subdivision by the Administrator, the applicant may file a petition of appeal to the Plan Commission. Appeals must be filed in writing at least ten days before the next Plan Commission meeting.
(C) Requirement for site plan approval. Primary plat approval will not be granted unless a site plan addressing the entire parent parcel is approved prior to or simultaneously with the primary plat. Secondary plat approval will not be granted unless a detailed site plan is approved prior to or simultaneously with the secondary plat.
(Ord. 2022-17, passed 7-19-2022)
§ 154.133 SKETCH PLAN REVIEW PROCEDURE.
(A) Purpose. The sketch plan review helps minimize development planning costs, avoid misinterpretation, identify required approvals, discuss checkpoint agency and technical reviews, identify the need for modifications or variances, and ensure compliance with the requirements of this chapter.
(B) Application requirements. Sketch plan review is required for major subdivisions and recommended for the other types of subdivisions. The applicant files: (1) an application provided on forms provided by the Department; (2) a sketch plan; (3) all applicable fees; and (4) any supplemental information required by the Administrator.
(C) Review process. The Administrator reviews the application for completeness and sends a copy to the Town Engineer for review. The Administrator may send the application to other members of the Technical Advisory Committee for their review and comment. Within 20 days of the submittal, the Administrator reviews the proposal, assembles comments from the Town Engineer and other reviewers, and meets with the applicant to discuss the proposed subdivision and possible modifications required to comply with the requirements of this chapter.
(Ord. 2022-17, passed 7-19-2022)
§ 154.134 SKETCH PLAN SUBMITTAL REQUIREMENTS.
(A) The sketch plan must include at least the following items:
(1) Location of the property, name of the subdivision, lot, section, township, range and county, graphic scale, north arrow, and date;
(2) Name, address, and telephone number of the owner and the professionals responsible for the design of the subdivision, its public improvements, and surveys. If the application is made by an owner's authorized agent, a consent form signed by the owner and notarized must accompany the application;
(3) Citation of the last instrument conveying title to each parcel of property involved in the proposed subdivision;
(4) Location of property lines drawn at a scale of no more than one inch equals 100 feet, existing easements, pipelines, transmission lines, burial grounds, railroad rights-of-ways, water courses, floodplains, floodway, wetlands and boundaries of wooded areas, and individual trees eight inches or more in diameter within areas to be impacted by site disturbing activities;
(5) Location, width, and names of all existing or platted streets or other public ways within or immediately adjacent to the tract;
(6) Names of adjoining property owners within 600 feet of any perimeter boundary of the subdivision;
(7) Location, sizes, elevations, and slopes of existing sewers, water mains, culverts, and other underground structures within and adjacent to the tract;
(8) Existing permanent buildings and utility poles on or adjacent to the site and utility easements;
(9) Topography at two-foot contour intervals unless otherwise approved by the Administrator;
(10) The approximate location and widths of proposed streets;
(11) The approximate location, dimensions, and areas of proposed lots and parcels proposed to be set aside for parks or other common areas;
(12) Preliminary designs for water, sanitary, and storm water systems.
(B) Supplemental information.
(1) Existing covenants or zoning commitments recorded on the property.
(2) Whenever a sketch plan covers only a part of an applicant's contiguous property, the applicant submits a plan showing the proposed subdivision and the future street and infrastructure layout for the remaining property.
(3) A vicinity map showing streets and other general development of the surrounding area.
(4) A report from Johnson County Soil and Water Conservation District indicating limitations of the soils within the proposed subdivision regarding building development, road construction, drainage, erosion control, or other information to assist in the review of the subdivision.
(5) An area map showing the total drainage area containing the proposed subdivision.
(Ord. 2022-17, passed 7-19-2022)
§ 154.135 PRIMARY PLAT APPROVAL PROCEDURE.
(A) Submission dates. Applications must be filed according to the schedule of meetings and filing deadlines and in the format specified by the Department.
(B) Application requirements. Following the sketch plan review, the applicant files: (1) an application provided on forms provided by the Department; (2) a primary plat; (3) all applicable fees; and (4) supplemental information required by the application or Administrator.
(C) Compliance. Primary plats must be substantially similar to the sketch plan as reviewed.
(D) Phasing. A primary plat may include all or only a part of a larger overall development. However, a primary plat must include the entire parent tract being subdivided unless otherwise deemed unnecessary by the Administrator or Plan Commission. This requirement seeks to avoid the creation of remainder parcels not complying with this chapter or inhibiting orderly development.
(E) Placement on the Plan Commission agenda. The Administrator reviews the application for completeness. Applications determined to be in proper form are numbered and docketed for a public hearing by the Plan Commission.
(F) Review of complete applications. The Technical Advisory Committee may review any primary plat prior to the Plan Commission's consideration. The Administrator may submit a written report to the Plan Commission stating facts concerning the characteristics of the area involved in the primary plat, surrounding land uses, public facilities available to service the area, or other pertinent facts. The report may also contain the Administrator's opinions concerning the primary plat proposal and a report from members of the Technical Advisory Committee. A copy of the report is made available to the applicant and the public.
(G) Preliminary drainage approval. Before the public hearing, the applicant is encouraged to obtain preliminary approval from the Storm Water Utility Board. If preliminary drainage approval has not been secured prior to the public hearing, the Plan Commission may condition approval of the plat on obtaining drainage approval from the Storm Water Utility Board.
(H) Public hearing notice. A public hearing by the Plan Commission is required for all primary plats. Notification of the public hearing must comply with the Plan Commission's Rules of Procedure. A certificate of mailing issued by the U.S. Postal Service is evidence notice has been given. A date stamped photograph of the public notice sign at the subject property also constitutes evidence of notice.
(I) Public hearing and Plan Commission action. The Plan Commission will hold the public hearing and review the application and supporting information and act on the application according to this chapter, Indiana law, and the Plan Commission's Rules of Procedure.
(J) Written commitments. The Plan Commission or Administrator may require the applicant to prepare written commitments concerning the primary plat prior to formal action on the application. If written commitments are part of the primary plat approval, they must be recorded in the office of the Johnson County Recorder within 90 days of primary plat approval. A copy of the recorded commitments must be provided to the Department within 30 days of being recorded.
(K) Effect of approval. Approval of a primary plat does not authorize the development, construction, alteration or moving of any structure. The approval allows the filing and processing of applications for approvals, such as a secondary plat, detailed site plan, improvement location permit, building permit, or certificate of occupancy.
(L) Effective period of primary approval. Unless extended, the approval of a primary plat is valid for a period of three years. At the end of this time, primary approval is null and void, and the applicant is required to resubmit a new application beginning with sketch plan review and subject to all the zoning restrictions and subdivision regulations in effect at the time of resubmission. Prior to the expiration of the approval period, the applicant may submit a written request to extend the approval period. The Plan Commission may extend the approval of a primary plat in increments of up to 12 months beyond an expiration date without further notice and public hearing.
(Ord. 2022-17, passed 7-19-2022)
§ 154.136 PRIMARY PLAT SUBMITTAL REQUIREMENTS.
(A) Preparation. The primary plat is prepared by a land surveyor licensed by the State of Indiana at a scale of no more than one inch equals 100 feet and the sheets must be numbered in sequence if more than one sheet.
(B) General. The primary plat includes:
(1) A vicinity map showing the location of the site and surrounding property and streets, the names of adjoining streets, and the names of all adjoining property owners and adjoining developments;
(2) Legal description of the subject property;
(3) The names and addresses of: (a) the owners of the land being subdivided; (b) the applicant if other than the owner; and (c) the consultants involved in the preparation of the plat. If the application is made by someone other than the owner, a consent form signed by the owner and notarized must accompany the application;
(4) Signature, seal, and certification of a land surveyor registered in the State of Indiana;
(5) The date of the plat, approximate true north point, and scale.
(C) Existing conditions.
(1) Topography in two-foot contour intervals unless otherwise approved by the Administrator;
(2) The location, bearings, and dimensions of all boundary lines of the property to be expressed in feet and tenths of a foot with references to section, township, and range lines or corners;
(3) The location of existing streets, walkways, easements, pipelines, transmission lines, water bodies, streams, and other pertinent features such as swamps, jurisdictional wetlands, flood plains, floodways, railroads, buildings, parks, cemeteries, drainage ditches, bridges, boundaries of wooded areas, and individual trees eight inches or more in diameter within areas to be impacted by site disturbing activities;
(4) Location and size of existing water, storm water, and sanitary sewer systems;
(5) The location and width of all existing rights-of-way;
(6) The locations, dimensions, and areas of all existing lots;
(7) Designated wetland areas;
(8) A soil survey map showing the soil limitations based upon the intended usage of the development land.
(D) Site improvements.
(1) Names of the subdivision and all new streets;
(2) Indication of the use of any lot (single-family, two-family, multifamily, townhouse) and all nonresidential uses proposed by the applicant;
(3) The location and width of proposed streets, alleys, other public ways, rights-of-way, easements, and building setback lines;
(4) Proposed changes in streams, lakes, floodplains, etc.;
(5) Proposed location of surface and subsurface drains;
(6) Proposed location of storm sewers, storm water management facilities, and sanitary sewers. If the Town Council permits a private sewage system, a statement from the County Health Department confirming private septic system can be used on the property;
(7) A statement concerning the location and size or capacity of utilities to be installed;
(8) Building and structures to be removed or relocated;
(9) The locations, dimensions, and areas of all proposed lots;
(10) Building setback line with dimensions;
(11) Legends and notes;
(12) Blocks must be consecutively numbered or lettered in alphabetical order. The blocks in numbered additions to subdivisions bearing the same name must be numbered or lettered consecutively throughout the several additions;
(13) All lots in each block must be consecutively numbered and the area of each lot indicated. Outlots must be lettered in alphabetical order. The location and dimensions of all property proposed set aside for common areas, park, or playground use, or other public or private reservation including conditions of the dedication;
(14) Topography in two-foot contour intervals unless otherwise approved by the Administrator;
(15) Sufficient data acceptable to the Town Engineer determining the location, bearing, and length of all lines and the location of all proposed monuments.
(E) Supplemental information. The Plan Commission, Town Engineer, or Administrator may require the following information:
(1) Landscape plan;
(2) Traffic impact analysis;
(3) Sanitary sewer analysis;
(4) Existing covenants or zoning commitments recorded on the property;
(5) Proposed covenants and restrictions if they are cross-referenced or incorporated on the plat or if they establish or grant rights related to the plat (e.g., easements);
(6) Recorded deed, instrument number, and date recorded;
(7) Additional information necessary to evaluate the proposal.
(Ord. 2022-17, passed 7-19-2022)
§ 154.137 CONSTRUCTION PLAN APPROVAL PROCEDURE.
(A) Submission dates. Construction plan approval occurs after primary plat approval and prior to secondary plat approval. Applications must be filed according to the schedule of meetings and filing deadlines in the format specified by the Department. Applications for construction plan approval may be filed concurrently with applications for secondary plat approval.
(B) Submission procedure and requirements. The applicant files: (1) an application provided on forms provided by the Department; (2) detailed construction plans and specifications; (3) the outside plan review agreement; (4) all applicable fees; and (5) supplemental information required by the Administrator. Plans are submitted in electronic format as specified by the town.
(C) Compliance. Construction plans must be substantially similar to the approved primary plat.
(D) Review of complete applications. The Administrator reviews the application for completeness. Applications determined to be in proper form are docketed for review by the Technical Advisory Committee. The Technical Advisory Committee members review the plans and provide comments on modifications needed for the plans to comply with the requirements of this chapter, written commitments made regarding the property, and any other development requirements. These comments are provided to the Administrator and the applicant and are made available to the public.
(E) Revised plans. The applicant revises the plans as needed and resubmits them to the Administrator. The Administrator determines if the revised plans need to go to any of the Technical Advisory Committee members for review. When the Administrator determines the plans comply with all applicable development standards, the plans and specifications are approved by the Administrator. Construction Plan approval is required prior to starting work on any improvements.
(F) Written commitments. The Administrator may require the applicant to prepare written commitments concerning the construction plans prior to formal action on the application. If written commitments are part of the plan approval, they must be recorded in the office of the Johnson County Recorder within 90 days of plan approval. A copy of the recorded commitments must be provided to the Department within 30 days of being recorded.
(G) Approved plans. After approval of construction plans and before the installation of improvements, a preconstruction meeting is scheduled with the Administrator. Three sets of approved construction plans and specifications are stamped "APPROVED Town of Bargersville." The stamped plans are the only official plans approved for construction.
(Ord. 2022-17, passed 7-19-2022)
§ 154.138 CONSTRUCTION PLAN SUBMITTAL REQUIREMENTS.
Construction plans are drawn at a scale of no more than one inch equals 50 feet unless otherwise approved by the Administrator. The plans show:
(A) Profiles showing existing and proposed elevations along centerlines of all streets at 50-foot intervals including low points. Exact radii of all curves, lengths of tangents, and central angles of all streets;
(B) Where steep slopes exist, the Administrator may require cross-sections of all proposed streets at 100-foot stations;
(C) Plans and profiles showing the locations and typical cross-section of street pavements including curbs and gutters, sidewalks, drainage facilities and easements, rights-of-way, manholes, and catch basins; the locations of street trees, street lighting standards, and street and traffic signage; the location, size, and invert elevations of existing and proposed sanitary sewers, storm water drains, and fire hydrants, showing connection to any existing or proposed utility systems; and exact location and size of all water, gas, or other underground utilities or structures;
(D) Location, size elevation, and other appropriate description of any existing facilities or utilities including existing streets, sewers, drains, water mains, easements, water bodies, streams, wetlands, flood plains, and other pertinent features such as railroads, buildings, or features noted on the Official Map or Comprehensive Plan, at the point of connection to proposed facilities and utilities within the subdivision, and each tree with a diameter of eight inches or more within areas of land disturbing activity;
(E) The water elevations of adjoining lakes or streams at the date of the survey, and the approximate high and low water elevations of such lakes or streams. All elevations are referred to the United States Coast and Geodetic Survey datum plane. If the subdivision borders a lake, river or stream, the distances and bearings of a meander line established at least 20 feet back from the ordinary high-water mark of such waterways;
(F) Topography in one-foot contour intervals unless otherwise approved by the Administrator. All data provided is the latest applicable United States Coast and Geodetic Survey data;
(G) All specifications and references required by the town's construction standards and specifications, including a site grading plan for the entire subdivision;
(H) Title, name, address, and signature of the professional engineer and/or surveyor, and date, including revision dates.
(Ord. 2022-17, passed 7-19-2022)
§ 154.139 SECONDARY PLAT APPROVAL PROCEDURE.
(A) Submission dates. Secondary plat approval occurs after approval of the primary plat and construction plans. Applications must be filed according to the schedule of meetings and filing deadlines in the format specified by the Department. Applications for secondary plat approval and construction plan approval may be filed concurrently. Secondary plat applications may be submitted within the time provided for appeal under I.C. 36-7-4-708. However, approval of a secondary plat will not be granted until 30 days after the approval of a primary plat.
(B) Submission procedure and requirements. The applicant files: (1) an application provided on forms provided by the Department; (2) a secondary plat; (3) all applicable fees; and (4) supplemental information required by the Administrator. Plans may also be submitted in an electronic format acceptable to the town.
(C) Compliance. The secondary plat must be substantially similar to the approved primary plat.
(D) Review of complete applications. The Administrator reviews the application for completeness. The Technical Advisory Committee may review any secondary plat prior to approval. The Administrator reviews the secondary plat and notifies the applicant in writing of revisions or changes needed for approval.
(E) Approval. The applicant revises the secondary plat as needed and resubmits it to the Administrator. The Administrator determines if the revised plat needs reviewed by any of the Technical Advisory Committee members. When the Administrator determines the plat complies with the requirements of this chapter, the plat is approved by the Administrator.
(F) Effect of approval. Approval of a secondary plat does not authorize the development, construction, alteration or moving of any structure. The approval allows the filing and processing of applications for permits including an improvement location permit, building permit, and a certificate of occupancy.
(G) Signing of plat. Unless otherwise approved by the Administrator, a secondary plat will not be signed until: (i) streets, curbs, gutters, sanitary sewers, fire hydrants, storm sewers and like infrastructure are constructed per the town's construction standards, and maintenance sureties for public improvements are secured according to this chapter; or (ii) performance sureties are secured assuring the installation of public improvements (see § 154.161).
(H) Recording of secondary plat. No secondary plat or amendment of a subdivision will be recorded until the plat is approved and signed according to this chapter. Upon approval, the applicant must record the signed secondary plat within 90 days of plat approval. The applicant must record the plat, covenants, and any applicable homeowner association documents in the Office of the Recorder of Johnson County, Indiana, within 30 days of receiving the fully signed plat. The applicant must provide electronic copies of the recorded plat and associated documents to the Department within 30 days of being recorded.
(Ord. 2022-17, passed 7-19-2022)
§ 154.140 SECONDARY PLAT SUBMITTAL REQUIREMENTS.
(A) Preparation. The secondary plat is prepared by a land surveyor licensed by the State of Indiana at a scale of no more than one inch equals 50 feet. A scale of one inch equals 100 feet may be used to make the drawing no larger than 18 inches by 23 inches so the plat may be inserted in the plat books of the County Recorder without folding.
(B) General. The secondary plat includes:
(1) Proposed name of the subdivision;
(2) Names and addresses of the owners and consultants involved in the preparation of the plat;
(3) Title, scale, north arrow, and date;
(4) Accurate boundary lines, with dimensions and angles, to provide a survey of the tract;
(5) Accurate distances and direction to the nearest established street corners or official monuments. Reference corners must be accurately described on the plan;
(6) Accurate locations and names of all existing and recorded streets intersecting the boundaries of the tract;
(7) Accurate metes and bounds description of the boundary;
(8) Source of title to the land to be subdivided as shown by the books of the Office of the Recorder of Johnson County, Indiana;
(9) Complete curve notes for all curves included in the plan;
(10) Street lines and street names with accurate dimensions in feet and hundredths of feet, with angles to street and lot lines;
(11) Lot and block numbers and dimensions;
(12) Accurate locations and limitations of easements;
(13) Accurate dimensions for any property to be dedicated or reserved for public, semi-public, or community use;
(14) Building setback lines and dimensions;
(15) Building pad elevations. For building pads near flood hazard areas, the Flood Protection Grade elevations for buildings;
(16) Location, type, material, and size of all monuments and lot markers;
(17) Plat certificates and deeds of dedication, as set forth in§ 154.163;
(18) Notation of any self-imposed restrictions and locations proposed building lines if required by the Plan Commission, according to this chapter;
(19) Monuments erected or to be erected, corner, and other points are noted by representation or by legend; metal monuments must indicate type of metal, and diameter, length, and weight per lineal foot of the monuments;
(20) Contain a statement to the effect that the Town Council, Plan Commission, or Board of Zoning Appeals may enforce subdivision covenants concerning public easements (e.g., drainage and utility easements).
(C) Supplemental information. The Administrator may require the following information:
(1) A financial surety for public improvements according to this chapter;
(2) A copy of the covenants and restrictions if they are cross-referenced or incorporated on the plat or if they establish or grant rights related to the plat (e.g., easements).
(A) Preparation. After improvements installed on a site are approved by the town, as-built drawings must be prepared and certified by a surveyor or engineer licensed by the State of Indiana. The applicant provides one PDF digital copy, one CAD digital copy (.dwg format version 2004 or higher) or other file type compatible with the town's GIS software, one mylar copy, and one hard copy set of as-built drawings in accordance with these standards. The names for the files should allow someone unfamiliar with the consulting firms naming conventions to determine the content of the file. The .dwg files must use the NAD83, Indiana State Plane Coordinate System, East Zone projection using U.S. Survey feet. The vertical datum for the files must be NAVD 88. All pertinent drawing elements must reside in the primary drawing file. There cannot be any cells, nodes, blocks, or reference files (x-refs) attached to the drawing.
(B) As-built plan contents. As-built plans must contain:
(1) Grades for the following locations:
(a) Major drainage swales and percent of slope;
(b) Lot corner and grade brakes;
(c) Pad grades;
(d) Street grades along the centerline and curb (maximum 50-foot spacing);
(e) Street sag and crest points;
(f) Paved swales, if any, at 50-foot intervals;
(g) Lakes or ponds at the top of bank, normal pool, safety ledge, bottom, and spillway;
(h) Locations of sidewalk ramps.
(2) Sanitary sewer system plans and profiles, including:
(a) Invert elevations and percent of slope;
(b) Top of casting elevations;
(c) Lateral locations based on distances along main from manholes;
(d) Locations of each manhole or structure;
(e) Designate any material changes from approved construction plans. Where plans show alternates, indicate the alternate constructed.
(3) Storm sewer plans and profiles, including:
(a) Invert elevations and percent of slope;
(b) Top of casting elevations;
(c) Location of pipe and structures;
(d) Designate any material change from design plans. Where plans show alternates, indicate the alternate constructed.
(4) Street plans and profiles, including:
(a) Grades;
(b) All low and high points;
(c) All percent of slope;
(d) Any deviation of alignment;
(e) Grades and dimensions on accel and decel lanes, if applicable.
(Ord. 2022-17, passed 7-19-2022)
§ 154.142 COMMERCIAL AND INDUSTRIAL SUBDIVISIONS.
(A) Review. It is recognized that commercial and industrial subdivisions face unique problems of lot design not normally encountered in residential subdivisions. For this reason, the initial emphasis when reviewing non-residential subdivisions is on the street layout, block arrangement, and infrastructure design.
(B) Process. The initial secondary plat is expected to show the street and block layout. Then, as prospective buyers express interest in lots sized to their required specifications, the applicant submits for approval to amend the recorded secondary plat. Approval of the re-plat follows the procedural requirements for a secondary plat. Improvements built following an approved set of construction plans associated with a previously approved secondary plat do not have to be rebuilt if changes in design standards and specifications have been adopted by the town.
(Ord. 2022-17, passed 7-19-2022)
§ 154.143 RE-SUBDIVISION OF LAND.
Any change affecting the street layout, area reserved for public use, or a lot line of an approved secondary plat must be approved by the Plan Commission as a major subdivision unless the proposed change qualifies as an exempt subdivision, administrative subdivision, or minor subdivision. The Administrator may refer any case to the Plan Commission for review and approval.
(Ord. 2022-17, passed 7-19-2022)
§ 154.144 VACATION OF PLATS.
The procedure to vacate a recorded secondary plat follows the requirements of Indiana Code (see I.C. 36-7-4-711). The vacation of a secondary plat cannot be used to vacate rights-of-way or easements. Rights-of-way are vacated following the requirements of I.C. 36-7-3-12. Easements are vacated following the requirements of I.C. 36-7-3-16.
(Ord. 2022-17, passed 7-19-2022)
§ 154.145 MODIFICATIONS.
(A) General. The Plan Commission or Town Council may approve modifications if they do not conflict with the intent and purpose of this subchapter.
(B) Authority.
(1) Town Council. The Town Council may modify or waive construction and utility standards.
(2) Plan Commission. The Plan Commission may modify or waive submittal requirements or subdivision standards in this subchapter.
(3) Board of Zoning Appeals. Plats must meet all applicable standards prescribed in this chapter unless the Board of Zoning Appeals grants a development standards variance (see § 154.180).
(C) Procedures.
(1) The applicant submits a written petition for modification with the primary plat application. The petition must clearly state the conditions requiring the modification and provide proposed findings of fact for the approval.
(2) If modifications are required for exempt, administrative, or minor subdivisions, the modification must be approved by Plan Commission prior to approval of the subdivision. If modifications require Town Council approval, the modification must be approved by the Town Council prior to subdivision approval.
(D) Decision criteria. When evaluating petitions for modifications, the Plan Commission or Town Council considers whether:
(1) The proposed modification results in a development that enhances the use or value of area properties;
(2) The proposed modification is not injurious to the public safety, health, or welfare;
(3) The strict application of the ordinance standard results in a development less desirable when compared to the proposed development;
(4) The proposed development is consistent and compatible with other development located in the area; and
(5) The modification is consistent with the purpose and intent of the Comprehensive Plan and this subchapter.
(E) Conditional approval. In approving a modification, the Plan Commission or Town Council may require conditions to comply with requirements of this subchapter. The Plan Commission or Town Council may require written commitments to be recorded in the Johnson County Recorder's Office. A copy of the recorded written commitments must be provided to the Administrator before any future approvals for the project will be granted.
(Ord. 2022-17, passed 7-19-2022)
§ 154.146 DESIGN PRINCIPLES AND STANDARDS.
(A) Conformance. When reviewing plat applications, the Plan Commission or Administrator, as applicable, determines if the plat conforms to the principles and standards required in this subchapter.
(B) Natural design. When subdividing land, regard must be shown for natural features such as wooded areas, watercourses, historic sites, or similar conditions which, if preserved, add attractiveness and value to the proposed development.
(C) Environmental protection. Consideration is given to preventing air and stream pollution, proper treatment and disposal of refuse and other waste, and the elimination of other blighting characteristics.
(D) Sanitary sewers and public water supply. Subdivisions are required to have public sanitary sewers and public water supply. Only the Town Council is authorized to waive this requirement.
(E) Layout. The subdivision layout cannot be injurious to the health, safety or welfare of the community.
(F) Improvement location permits, site plans, and subdivisions must conform to the principles and standards established by this chapter.
(G) All site plans and subdivisions must conform to the Town of Bargersville Construction Standards and Specifications ("Construction Standards"), see § 154.200.
(H) The applicant is responsible for installing all required public improvements at the applicant's expense without reimbursement, unless otherwise agreed upon in writing by the Town Council. The applicant is required to maintain all public improvements and provide for snow removal on streets and sidewalks until the public improvements are accepted by the town.
(Ord. 2022-17, passed 7-19-2022)
§ 154.147 RESIDENTIAL ARCHITECTURAL STANDARDS.
(A) Architectural standards for small-scale residential dwellings.
(1) General provisions. The purpose of these design standards ensures quality construction for developments and create variation and interest in the built environment. These standards apply to all residential buildings containing one to four dwelling units located on a parcel or within a subdivision containing five or more dwelling units.
(a) Front facades, street side facades, and rear facades of residential buildings must be articulated to avoid flat building facades. These variations in the fagade plane may be achieved through:
1. Projections or recessions created by (a) one offset at least four feet deep and a minimum height equivalent of one story or (b) two offsets at least two feet deep and a minimum height equivalent of one story;
2. Front-load garage doors recessed at least two feet behind the front facade of the building or four feet behind the posts of the front porch;
3. A covered porch at least 40 square feet in area on the front facade or street side facade;
4. A sunroom or screened porch at least 64 square feet in area on the street side facade or rear facade;
5. An exterior fireplace chase extending at least 18 inches from the building facade, finished in masonry material, and extending above the roofline;
6. A bay window projecting at least 12 inches from the wall;
7. A second-floor cantilever projecting at least 12 inches over the first floor for at least 30% of the length of the building facade;
8. A covered patio or covered porch, as a projection or recession, at least 120 square feet in area.
(b) At least three exterior color, materials, or patterns must be used on each building facade. A well-chosen selection of contrasting trim and accent colors can draw attention to architectural details. Care should be taken in selecting a color palette that accents the building's architecture while being harmonious in the context of the surrounding neighborhood.
(2) Architectural diversity standards along streetscapes.
(a) To improve the architectural diversity along a streetscape, homes of the same elevation and color scheme are not permitted next to or directly across the street from each other. Additionally, the home color scheme may not be repeated for two homes on either side of the subject home and the five homes directly across the street from the subject home. Figure 6-1 illustrates this requirement.
1. Lots indicated with the number one must use a different elevation and color scheme than the subject property, however, they may use the same trim color as the subject property.
2. Lots indicated with the number two must use a different color scheme than the subject property, however, they may use the same trim color and brick or stone color as the subject property. These lots may use the same building elevation as the subject property.
3. Lots indicated with the number three may use the same elevation and color scheme as the subject property.
(b) In determining if a building elevation meets these standards, the reviewer evaluates differentiation in the colors of the (1) siding; (2) siding accents; (3) trim; (4) front door; (5) shutters; and (6) brick or stone.
(3) Perimeter lot enhancements. These standards are intended to improve the appearance at the interface between new residential developments and existing perimeter streets. Long, straight lines of homes, berming, or landscaping parallel to perimeter streets is discouraged. Homes facing the perimeter street and variation in the distance between homes and perimeter streets is encouraged.
(c) For purposes of this section, a perimeter lot includes lots abutting a perimeter street or a common area abutting a perimeter street. If a lot abutting a common area is not within the viewshed from the perimeter street, then the perimeter lot standards do not apply.
(d) Homes of the same elevation and color scheme are not permitted next to each other. Additionally, the home color scheme may not be repeated for two homes on either side of the subject home. In Figure 6-1, the homes located on the same side of the street as the subject lot illustrate this requirement.
(4) Corner lot enhancements. Corner lot side facades adjacent to the street must have similar architectural design and detailing as the front facade. Additionally, landscape plantings of at least one shade tree, one ornamental or evergreen tree, and five shrubs may be installed in lieu of the architectural detailing.
(B) Architectural standards for non-residential uses in residential districts. All nonresidential uses in a residential district must comply with the following:
(1) To ensure compatibility of nonresidential uses with surrounding residential uses in residential districts, all nonresidential uses must use exterior building materials, roof line treatments and roofing materials compatible and consistent with the residential character and building materials of the surrounding residential area.
(2) Loading spaces or loading docks must not face a street.
(3) Loading spaces or loading docks facing a side or rear lot line of an adjoining residential district must be screened from view from the residential district (see § 154.110(H)).
(C) Architectural standards for multi-family dwellings. All new multi-family buildings containing five or more dwellings must comply with the following:
(1) Design detailing must continue completely around the building consistent with the intended architectural style. Detailing elements include, but are not limited to, number and style of windows, window placement, trim detailing, roof design, and exterior materials.
(2) Permitted exterior materials include Exterior Insulation and Finish System (EIFS), synthetic stucco, masonry materials, wood, fiber cement siding, and polymeric cladding. Aluminum and vinyl siding are prohibited.
(3) At least 75% of each building facade, excluding windows and doors, must be masonry materials or fiber cement siding.
(4) Each building facade must utilize at least two different exterior building materials (excluding window, door, and roofing materials), colors, or patterns.
(5) Windows: A building facade must incorporate a minimum of one window (a minimum of 15 square feet) per dwelling unit located along the building fagade. Required windows may be located anywhere on the building facade, as architecturally appropriate. All windows must have shutters matching the size of the window or casing at least three inches in width. Windows in a building facade of a masonry material must have a casing or sill of natural or masonry material. Windows in a building facade of a non-masonry material must be trimmed to match the architectural style of the building.
(6) Roof design.
(a) The roof pitch of the main roof must be at least 6:12. Elements such as porches, bays, walkways, may have a lower roof pitch. Lower roof pitches may occur on rear elevations if concealed by side roof elements.
(b) The roof overhangs must be at least 11 inches, as measured prior to the installation of masonry materials.
(c) The roof form and pitch design of a building must include, where appropriate, varied pitches and ridge levels according to the intended architectural style of the building and the building facade projections.
(7) Streetscape diversity.
(a) Building elevations of similar floor plans must have variety in style, massing, use of materials, and detailing of elements. The same elevation may occur as buildings are grouped together if each building plan has a minimum of two different elevation styles.
(b) If more than one building is proposed, then the building(s) must be located so no more than two buildings are in a straight, unbroken line. An unbroken line includes an offset in the building setback at least one-third the height of the adjacent building.
(D) The Plan Commission may adjust or waive the above requirements to allow a cohesive design consistent with the architectural style of the building and the intent of these regulations.
(Ord. 2022-17, passed 7-19-2022)
§ 154.148 BUSINESS AND MIXED-USE ARCHITECTURAL STANDARDS.
All new nonresidential buildings or additions located within a business district must comply with the following:
(A) Buildings and structures within a single development should have complementary architectural themes.
(B) All roof or ground mounted mechanical equipment must be completely enclosed. Ground-mounted enclosures must be landscaped on all sides not facing the building being served according to § 154.110(H).
(C) Each building facade visible from a street or oriented to an adjoining residential or agricultural district must be:
(1) One hundred percent masonry materials, excluding window, door, roofing, fascia, and soffit materials; or
(2) Incorporate two or more building materials, excluding window, display window, door, and roofing materials, provided 60% of the building facade is masonry materials.
(3) For all other building facades, up to 25% of the facade, exclusive of windows (including faux windows and glazing), doors and loading berths, may be covered with metal, fiber cement siding, polymeric cladding, EIFS, stucco, or vinyl exterior building materials.
(4) The exterior building material selection for all building facades must be further enhanced with: (i) the use of multiple colors, multiple textures (e.g., rough, smooth, striated, etc.); or (ii) the addition of architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.).
(5) Loading spaces, loading docks, or oversized service doors are prohibited on building facades facing public streets. However, if all building facades are determined to be facing public streets, then loading spaces, loading docks, or oversized service doors may be permitted on the facade least visible from a public street if screened according to § 154.110(H).
(D) All building facades visible from an adjacent lot or street must be constructed with the same building material quality and level of architectural detail on all building facades (e.g., 360-degree architecture).
(E) All building facades must have a defined base or foundation, a middle or modulated wall, and a top formed by a pitched roof or articulated, cornice or molding. Building facades 90 feet or greater in length must have offsets at intervals no greater than 60 feet apart. Buildings less than 10,000 square feet in gross floor area must have offsets at no more than 40-foot intervals. Offsets can project or recess. They must extend the entire vertical plane of the building facade. The offset must be at least four feet in depth and at least 20% of the overall building facade length. Architectural elements (e.g., arcades, columns, piers, etc.) meeting the offset requirements may be used to fulfill this requirement.
(F) Gutters and downspouts must be visually integrated with the architectural style of the structure. The color of gutters and downspouts should complement or be consistent with the building materials.
(G) Pitched roof designs must have a main roof with a minimum 5:12 pitch, contain three or more roof slope planes, and be covered with high quality roofing materials such as natural clay tiles, slate, concrete tiles (with natural texture and color), high quality standing seam metal roofing, wood shakes or shingles (with adequate fire protection), three-dimensional asphalt or fiberglass shingles.
(H) Metal roofs must have a low-gloss finish to reduce glare.
(I) Flat roof designs must be edged by a parapet wall with an articulated, three-dimensional cornice or molding. Parapet walls must be fully integrated into the building's architectural design to create seamless transitions between the main building mass and roof-mounted architectural elements. Modulation or variation of the roofs and/or roof lines is required to eliminate the appearance of box-shaped buildings. Flat roofs are prohibited for one-story buildings unless otherwise approved by the Plan Commission after consideration of the building architecture, context, and sensitivity to the character of the area.
(J) All visible vents, attic ventilators, turbines, flues, and other visible roof penetrations must be painted to match the color of the roof or flat black; and oriented to minimize their visibility from adjacent lots and streets.
(K) Building entrances must be clearly defined and articulated by multiple architectural elements such as lintels, pediments, pilasters, columns, awnings, porticos, and other design elements appropriate to the architectural style and details of the building. The location, orientation, proportion, and style of doors must complement the style of the building.
(L) Window designs must be compatible with the style, materials, color, details, and proportion of the building. The number of window panes, the number of window openings, window trim and other design elements to accent the windows must be consistent and complementary to the architectural style of the building.
(M) Window trim and other design elements to accent the windows are required for all windows. Acceptable design elements include shutters, keystones, masonry arches, awnings, decorative stone frames, masonry rowlock frames, or other trim or design elements as approved by the Plan Commission or Administrator.
(N) Fixed or retractable awnings are permitted if they complement the building's architectural style, material, colors, and details. Awnings must be made of a nonreflective material kept in good repair. Awnings used to comply with the architectural design requirements of this chapter cannot be removed unless the building facade otherwise complies with the architectural design requirements without the awnings.
(O) The support structures for gasoline service station canopies must be wrapped in material(s) complementing the principal building and the canopy roof materials must match the color and texture of the principal building. To reduce the visual impact of the canopy, the clearance between the underside of the canopy and ground cannot exceed 16 feet and the canopy facia cannot be more than 30 feet wide.
(P) The Plan Commission may adjust or waive the above requirements to allow a cohesive design consistent with the architectural style of the building and the intent of these regulations.
(Ord. 2022-17, passed 7-19-2022)
§ 154.149 INDUSTRIAL ARCHITECTURAL STANDARDS.
All new nonresidential buildings or building additions located within an industrial district must comply with the following:
(A) Buildings and structures within a single development should have complementary architectural themes.
(B) All roof or ground mounted mechanical equipment must be completely enclosed. Ground-mounted enclosures must be landscaped on all sides not facing the building served according to § 154.110(H).
(C) Each building facade visible from a street or oriented to an adjoining residential district, must have at least 60% masonry materials on the building facade (exclusive of window and doors).
(D) Building facades 90 feet or greater in length, must have offsets at intervals no greater than 60 feet apart. Offsets can project or recess. They must extend the entire vertical plane of the building facade. The offset must be at least 12 inches in depth and be at least 20% of the overall building facade length. Architectural elements (e.g., arcades, columns, pilasters, etc.) meeting the offset requirements may be used to fulfill this requirement.
(E) Loading spaces, loading docks or oversized service doors are prohibited on a facade visible from a public street.
(F) If materials other than masonry materials are used on any building facade, then the building facade must be enhanced with: (i) the use of multiple colors and textures (e.g., rough, smooth, striated, etc.); or (ii) the addition of architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.).
(G) The Plan Commission may adjust or waive the above requirements to allow a cohesive design consistent with the architectural style of the building and the intent of these regulations.
(Ord. 2022-17, passed 7-19-2022)
§ 154.150 BLOCK STANDARDS.
(A) Dimensions. Block length and width within bounding streets must be sufficient to accommodate the lot sizes required by the zoning district and to provide convenient access, circulation, and safety of vehicular and pedestrian traffic.
(B) Length. The maximum block length is 800 feet. This requirement does not apply to blocks containing lots abutting the boundary lines of the parent track of a subdivision. In granting modifications to allow blocks longer than 800 feet, the Plan Commission may require crosswalks and traffic calming measures where useful to facilitate pedestrian circulation.
(C) Depth. Residential blocks must have sufficient depth to accommodate two tiers of lots, except where reverse frontage lots bordering on a freeway, arterial street or floodplain are used.
(D) Shape. Blocks should fit easily into the overall design of the subdivision and their design must reflect consideration of lot layout, configuration, traffic flow, and public areas.
(Ord. 2022-17, passed 7-19-2022)
§ 154.151 DRAINAGE STANDARDS.
A drainage system is required for proper drainage of new developments. The system must be designed and constructed per § 154.300.
(Ord. 2022-17, passed 7-19-2022)
§ 154.152 EASEMENT STANDARDS,
This section applies to all development.
(A) Drainage and utility easements. All developments submitted for approval must allocate areas for drainage and utility easements. All easements and corresponding utility location plans must be complete and approved prior to the final approval of any plan. When located between lots, easements should be centered on the lot line so each lot is encumbered by half the easement width, unless otherwise approved by the Administrator or the appropriate utility provider. Before determining the location of easements, the plan must be discussed with the local public utility companies to assure proper placement and installation of such services. No improvements (e.g., accessory buildings, buildings, driveways, fences, retaining walls, structures) are permitted within a drainage and utility easement, unless otherwise granted an encroachment permit.
(B) Surface drainage. If any stream or necessary surface drainage course is within the development area, an easement is established along all sides of the drainage course according to the County Surveyor or Indiana law if a regulated drain, or 20 feet per side (measured from the top of bank) if not a regulated drain. The easement is for widening, deepening, sloping, improving, or protecting the stream or surface drainage course.
(C) Easement instrument specifications. Where an easement is required by this chapter but the standards for the easement type are not specified, or an easement is required per a commitment or condition of approval, then the property owner ("grantor") must execute the easement instrument in favor of the appropriate party or entity ("grantee"). The instrument must:
(1) Specify the docket numbers of the complete applications of the associated with the easement;
(2) Specify the activities the grantee is authorized to perform in the easement;
(3) Specify the activities the grantor is prohibited from performing in the easement;
(4) Be binding on all heirs, successors, and assigns to the property where the easement is located;
(5) Be enforceable by the grantee and the town;
(6) Specify other specially affected persons and classes of specially affected persons entitled to enforce the easement;
(7) Provide for modification in the manner stipulated in this chapter;
(8) Be cross-referenced to the most recently recorded deed to the property where the easement is to be established;
(9) Include a metes and bounds description of the easement;
(10) Be signed by an authorized representative of the property owner of record granting the easement and by an authorized representative of the grantee accepting the easement.
(D) Easement certificate.
(1) When a secondary plat is being recorded, the applicant may print an easement certificate on the secondary plat, the content of which has been approved by the Administrator or Town Council.
(2) If a declaration of covenants, conditions, and restrictions is included or cross-referenced on the secondary plat, an easement certificate must be clearly separate from, and not incorporated into, the declaration of covenants, conditions, and restrictions.
(E) Cross-access easements.
(1) Easement instrument specifications. When required by this chapter, each property owner ("grantor") must execute a cross-access easement instrument in favor of the adjoining property owner ("grantee"). The instrument must:
(a) Specify the docket numbers of the complete applications and/or the project numbers of the permits associated with the easement;
(b) Grant the public the right to utilize the easement for purposes of accessing adjoining parking facilities;
(c) Prohibit the parking of vehicles within the easement;
(d) Prohibit any person from placing any obstruction within the easement;
(e) Be binding on all heirs, successors, and assigns to the properties where the easement is located;
(f) Be enforceable by each party to the easement and by the town;
(g) Specify any other specially affected persons and classes of specially affected persons that are entitled to enforce the easement;
(h) Provide for modification or termination in the manner stipulated in this subchapter;
(i) Be cross-referenced to the most recently recorded deeds to the properties where the easement is to be established;
(j) Include a metes and bounds description of the easement;
(k) Be signed by an authorized representative of each property owner granting the easement and by an authorized representative of each property owner accepting the easement.
(2) Cross-access easement certificate. When a secondary plat is being recorded, the applicant may print the following cross-access easement certificate on the plat: "There are shown on this instrument areas designated as 'Cross-Access Easement' or abbreviated as 'C-A.E.' Such easements are established in favor of the adjoining property owner ('grantee') and grant the public the right to enter the easement for purposes of accessing adjoining parking facilities. These easements prohibit any person from parking vehicles within the easement and prohibit the property owners or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property where they are located. The grantee or the town may enforce the provisions of the easement. [] is also entitled to enforce the provisions of the easement. The easement may only be modified or vacated in the manner stipulated in the Bargersville Development Code, or its successor ordinance."
(a) The dedication and acceptance of easements shown on a recordable instrument must be accomplished via a certificate of dedication signed by the property owner, and a certificate of acceptance signed by the grantee or its agent.
(b) If a declaration of covenants, conditions, and restrictions is included on the secondary plat, then the cross-access easement certificate be clearly separate from, and not incorporated into, the declaration of covenants, conditions, and restrictions.
(F) Private street easements.
(1) Easement instrument specification. When required by this chapter, the property owner ("grantor") must execute a private street easement instrument in favor of the owner of the lot ("grantee") to which the private street provides access. The instrument must:
(a) Specify the docket numbers of the complete applications and/or the project numbers of the permits associated with the easement;
(b) Grant the grantee the right to access the easement to access their lot;
(c) Specify the grantee's financial responsibilities with respect to the alteration, repair, maintenance, and removal of the improvements;
(d) Prohibit any person from placing any obstruction within the easement;
(e) Require the private street be built to the standards of the town;
(f) Be binding on all heirs, successors, and assigns to the property where the easement is located;
(g) Be enforceable by the grantee and the town;
(h) Specify other specially affected persons and classes of specially affected persons entitled to enforce the easement;
(i) Provide for modification or termination in the manner stipulated in this subchapter;
(j) Be cross-referenced to the most recently recorded deeds to the properties where the easement is to be established;
(k) Include a metes and bounds description of the easement;
(l) Be signed by an authorized representative of each property owner granting the easement and by an authorized representative of each property owner accepting the easement;
(m) Include the following language: "The property owner expressly covenants and warrants on behalf of itself and all future owners of lots within this subdivision, because the streets are private, that all maintenance, repairs and replacement now and forever must be undertaken at the expense of the lot owners according to the terms and conditions set forth in the owners association bylaws and articles. No governmental entity has any duty or responsibility to maintain, repair or replace any private street."
(2) Private street easement certificate.
(a) When a secondary plat is being recorded, the applicant may print the following easement certificate on the plat: "There are shown on this instrument areas designated as 'Private Street Easement' or abbreviated as 'P.S.E.' Such easements are hereby established in favor of the adjoining property owners ('grantee') and grant the grantee the right to enter the easement for purposes of accessing their lot. These easements prohibit the property owners or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property where they are located. The grantee or the town may enforce the provisions of the easement. [] is also entitled to enforce the provisions of the easement. The easement may only be modified or vacated in the manner stipulated in the Bargersville Development Code, or its successor ordinance."
(b) In addition, the secondary plat must include the following language: "The subdivider expressly covenants and warrants on behalf of itself and all future owners of lots within this subdivision that because the streets are private all maintenance, repairs and replacement now and forever must be undertaken at the expense of the lot owners according to the terms and conditions set forth in the owners association bylaws and articles. The subdivider, and their successors and assignees, hereby waive all rights to petition a governmental entity to be responsible for the maintenance and ownership of such private streets. No governmental entity has any duty or responsibility to maintain, repair or replace any private street."
(c) The dedication and acceptance of easements shown on a recordable instrument must be accomplished via a certificate of dedication signed by the property owner, and a certificate of acceptance signed by the grantee or its agent.
(d) If a declaration of covenants, conditions, and restrictions is included on the secondary plat, then the private street easement certificate must be clearly separate from, and not incorporated into, the declaration of covenants, conditions, and restrictions.
(G) Shared driveway easements.
(1) Easement instrument specifications. When required by this chapter, each property owner ("grantor") must execute a shared driveway easement instrument in favor of the adjoining property owner ("grantee"). The instrument must:
(a) Specify the docket numbers of the complete applications and/or the project numbers of the permits associated with the easement;
(b) Grant the adjoining property owners the right to access the easement to maneuver vehicles;
(c) Specify the adjoining property owners' financial responsibilities with respect to the alteration, repair, maintenance, and removal of the improvements;
(d) Prohibit any person from placing any obstruction within the easement;
(e) Be binding on all heirs, successors, and assigns to the properties where the easement is located;
(f) Be enforceable by the parties to the easement and the town;
(g) Specify other specially affected persons and classes of specially affected persons entitled to enforce the easement;
(h) Provide for modification or termination in the manner stipulated in this subchapter;
(i) Be cross-referenced to the most recently recorded deeds to the properties where the easement is to be established;
(j) Include a metes and bounds description of the easement;
(k) Be signed by an authorized representative of each property owner of record granting the easement and by an authorized representative of each property owner accepting the easement.
(2) Shared driveway easement certificate.
(a) When a secondary plat is being recorded, the applicant may print the following shared driveway easement certification the plan: "There are shown on this instrument areas designated as 'Shared Driveway Easement' or abbreviated as 'S.D.E.' Such easements are hereby established in favor of the adjoining property owners ('grantee') and grant the grantee the right to enter the easement for purposes of maneuvering vehicles. The easement prohibits the property owners or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property where they are located. The grantee or the town may enforce the provisions of the easement. [] is also entitled to enforce the provisions of the easement. The easement may only be modified or vacated in the manner stipulated in the Bargersville Development Code, or its successor ordinance."
(b) The dedication and acceptance of easements shown on a recordable instrument must be accomplished via a certificate of dedication signed by the property owner, and a certificate of acceptance signed by the grantee or its agent.
(c) If a declaration of covenants, conditions, and restrictions is included on the secondary plat, then the shared driveway easement certificate must be clearly separate from, and not incorporated into, the declaration of covenants, conditions, and restrictions.
(H) Subdivision sign easements.
(1) Easement instrument specification. When required by this chapter, the property owner ("grantor") must execute a subdivision sign easement instrument in favor of the subdivision's homeowners' association ("grantee"). The instrument must:
(a) Specify the docket numbers of the complete applications and/or the project numbers of the permits associated with the easement;
(b) Grant the grantee the right to alter, repair, maintain, or remove the improvements;
(c) Prohibit any person from placing any obstruction in front of, altering, removing, or otherwise impairing the improvements within the easement;
(d) Be binding on all heirs, successors, and assigns to the property where the easement is located;
(e) Be enforceable by the grantee and the town;
(f) Specify other specially affected persons and classes of specially affected persons entitled to enforce the easement;
(g) Provide for modification or termination of the easement in the manner stipulated in this chapter;
(h) Be cross-referenced to the most recently recorded deed to the property where the easement is to be established;
(i) Include a metes and bounds description of the easement;
(j) Be signed by an authorized representative of the property owner granting the easement and by an authorized representative of the grantee accepting the easement;
(2) Conflict. Subdivision sign easements must be exclusive of drainage and utility easements. Improvements within such an easement must comply with § 154.099.
(3) Subdivision sign easement certificate.
(a) When a secondary plat is being recorded, the applicant may print the following subdivision sign easement certificate on the plat: "There are shown on this instrument areas designated as 'Subdivision Sign Easement' or abbreviated as ['']. Such easements are hereby established in favor of the [] Homeowners' Association ('grantee') and grant the grantee the right to enter the easement for purposes of altering, repairing, maintaining, or removing the improvements. These easements prohibit the property owner or any other person from placing any obstruction in front of, altering, removing, or otherwise impairing the improvements within the easement. These easements are binding on all heirs, successors, and assigns to the property where they are located. The grantee or the Town may enforce the provisions of the easement. [] is also entitled to enforce the provisions of the easement. The easement may only be modified or vacated in the manner stipulated in the Bargersville Development Code, or its successor ordinance."
(b) The dedication and acceptance of easements shown on a recordable instrument must be accomplished via a certificate of dedication signed by the property owner, and a certificate of acceptance signed by the grantee or its agent.
(c) If a declaration of covenants, conditions, and restrictions is included on the secondary plat, then the subdivision sign easement certificate must be clearly separate from, and not incorporated into the declaration of covenants, conditions, and restrictions.
(I) Tree preservation easement. When a secondary plat is being recorded and an easement is required or proposed for tree preservation, then an applicant must record an easement, or an applicant may print the following tree preservation easement certificate on the plat: "There are shown on this instrument an area(s) designated as 'Tree Preservation Easements' or abbreviated as 'T.P.E.'. These easement(s) must be regulated and maintained according to the following:
(1) Permitted activities. The following activities are permitted:
(a) Removal of invasive species (e.g., bush honeysuckle), where appropriate, including the use of professionals to apply herbicides or identify and remove such invasive species;
(b) Removal of an overabundance of combustible material (e.g., dead, fallen trees, and leaves);
(c) Removal of vines growing on and up a tree;
(d) Removal of hazardous, exotic and invasive species and/or dead, hazardous and at risk trees;
(e) Planting of native trees;
(f) Removal of trees directed to be removed by municipal, county, state or federal agencies or departments or by a public utility;
(g) Installation of minor improvements such as identification signs; provided such are designed and installed in a manner that does not removed or damage any trees to the greatest extent possible; and
(h) Installation, mowing, and maintenance of access easements paved or unpaved trails, or utility and drainage improvements; provided, however, that any such improvements and easements must be as narrow or small as reasonably possible with no blanket easements.
(2) Prohibited activities. The following activities are prohibited:
(a) Mowing any portion of existing, naturally vegetated areas;
(b) Dumping of leaves or other debris;
(c) Seeding, including grass seed, prairie mix seed, sod or the planting of any type of vegetable garden;
(d) The construction of permanent structural improvements including, but not limited to: pools, sheds, garages, fences, playground equipment, tree houses, fire pits, and other permanent or semi-permanent structures; and
(e) Active recreational activities that adversely impact the natural characteristics of the preservation area, including the placement of playground equipment, paving for basketball or tennis courts or swimming pools.
(3) All maintenance activity must be completed according to industry standards using the latest ANSI Z133.1 and A-300 approved practices and methods.
(4) Signs identifying a "Tree Preservation Area" must be posted every 1,000 feet near the perimeter of all tree preservation easements. Such signs must state "Natural Preservation Area. No mowing or spraying. Restricted Area."
(5) Any person or entity causing damage or destruction or that violates the provisions of this easement is responsible for replacing removed or damaged trees with trees (a minimum of three inches in caliper) of an equivalent caliper to the removed or damaged vegetation, and to return the damages areas of the easement to its original natural state.
(Ord. 2022-17, passed 7-19-2022)
§ 154.153 MONUMENT AND MARKER STANDARDS.
(A) General standards.
(1) Monument and markers must be installed per 865 I.A.C. 1-12-18, and the standards set forth in this section.
(2) Permanent reference monuments must be placed so the center of the pipe or marked point coincides exactly with the intersection of lines to be marked and the top of the monument or marker is level with the finished grade.
(3) Required monuments and markers must include a surveyor's cap as required by Indiana law, and at a minimum, must include a substantial plastic or metal cap permanently affixed showing the registered professional surveyor's surname and professional license number or firm/agency identification number.
(4) Upon completion of the development, as-built drawings must be submitted showing where monuments and markers were placed. This must be accompanied by an affidavit by the surveyor, registered in the State of Indiana, attesting to the accuracy of installed monuments and markers and certifying that the monuments and markers are still accurately in place and were not removed, moved, or buried such that they do not accurately denote surveyed lines or cannot be easily located.
(5) Monuments which are damaged or altered must be reset by the party responsible for damage/alteration. If a responsible party cannot be readily determined, then the active developer will bear the costs of having the monument(s) reset.
(B) Monument standard. Monuments must be of stone, pre-cast concrete, or concrete poured in place with minimum dimensions of four inches by four inches by 30 inches, set vertically in place. They must be marked on top with an iron or copper dowel set flush with the top of the monument or deeply scored on top with a cross.
(C) Monument locations. Monuments must be set:
(1) At the intersection of lines forming angles in the boundary of the subdivision;
(2) At least two monuments must be set on each side of a straight section of a street and on lot corners near each end of the street;
(3) At least two monuments must be set on any straight line over 400 feet in length and on lot corners near each end of the line; and
(4) Any location a bearing changes.
(D) Marker standard. Markers must consist of iron pipes or steel bars at least 30 inches long, and not less than five-eighths inch in diameter.
(E) Marker locations. Markers must be set on boundaries not covered by required monument locations, including:
(5) At the beginning and ending of all curves along street lot lines;
(6) At all points where lot lines intersect curves, either front or rear;
(7) At all angles in lot lines; and
(8) At all other lot corners not established by a monument.
(Ord. 2022-17, passed 7-19-2022)
§ 154.154 OPEN SPACE AND AMENITY STANDARDS.
(A) Applicability. This section applies to all residential major subdivisions containing five or more dwelling units. All residential developments must set aside open space according to this section.
(B) Minimum open space.
(1) Minimum. The minimum open space required for each development, as a percentage of its gross acreage:
Zoning District
Minimum Open Space Required
R-1
5%
R-2
8%
R-3
10%
R-4
12%
R-5
15%
(2) Exemption. Residential developments with a gross density of 0.33 dwelling units per acre or less are exempted from providing open space under this article.
(3) Plantings. Open space must be supplemented with tree plantings according to the minimum lot landscaping requirements of § 154.110.
(C) Access. A public way, crosswalk, or easement not less than 15 feet in width must be provided for access to required open space.
(D) Connectivity. Open space should be placed adjacent to or connected to existing or proposed open space located within the development and/or on adjoining properties. The town's goal is an interconnected open space network throughout the town, not islands of green space within individual subdivisions. (See Town of Bargersville Parks and Recreation Master Plan). Open space should be located within reasonable walking distance to the uses it serves, except when the open space is used to preserve existing features.
(E) Open space ownership. The ownership and maintenance of open space, common areas, and amenities must be documented and recorded to protect them from future development and to make sure they are properly maintained.
(F) Open space and development amenity improvements.
(1) Approval. Open space and amenity improvements (e.g., fencing, walls, mounds, pathways, playgrounds, amenities) must be installed according to a site plan reviewed and approved by the Administrator, according to § 154.180.
(2) Timing of installation. Open space and amenity improvements must be installed within 12 months of the issuance date of the first building permit in the secondary plat containing the open space and amenity improvements.
(G) Qualifying site features.
(1) A maximum of 50% of required open space may come from: wetlands, third party regulated utility easements existing prior to the development of the property (e.g., gas or oil pipelines) and equivalent land, as determined by the Plan Commission or Administrator.
(2) Detention and retention areas may only qualify as open space if they are located and designed for public use and benefit as an amenity to the development, such as providing active or passive recreation opportunities accessible to the residents of the neighborhood.
(3) Tree preservation areas, as set forth in § 154.110, may qualify towards required open space if placed within common areas or recorded protective easement such as a landscape easement, tree preservation easement, or conservation easement.
(4) Required perimeter buffer yards and external street frontage landscaping areas do not qualify toward the required open space.
(H) Amenity center construction timing. Amenity center facilities must be installed or constructed the earlier of: (1) the sale of 75% of the total lots in the subdivision; (2) upon construction of 65% of the primary structures; or (3) upon construction of 95% of the primary structures within any given phase of the subdivision.
(Ord. 2022-17, passed 7-19-2022)
§ 154.155 PEDESTRIAN NETWORK STANDARDS.
(A) Applicability. All developments must have a pedestrian network of sidewalks and/or asphalt pathways for pedestrian transportation and recreation.
(B) General standards.
(1) All concrete sidewalks, asphalt pathways, and crosswalk improvements must be constructed per the town's Construction Standards and comply with requirements of the Americans with Disabilities Act (ADA), as amended.
(2) Curb ramps for handicapped accessibility must be provided at all intersections of streets, alleys, and drives (excluding individual residential driveways) and comply with ADA requirements. Curb ramps are not permitted in driveways.
(C) Internal pedestrian network standards.
(1) Sidewalks must be at least five feet wide. When abutting a curb, sidewalks must be at least 6 feet wide.
(2) Sidewalks are required on both sides of internal streets in all developments.
(3) When a proposed development abuts an existing development or pathway, connection to the sidewalks or pathways is required.
(4) Connector sidewalks must be provided from the sidewalk or path adjacent to the street to the front entrance of all non-residential structures. Where the sidewalk intersects driving lanes or parking aisles within the parking facility, then crosswalks and ramps must be installed according to ADA requirements.
(D) Perimeter pedestrian network standards. Developments must participate in the establishment or improvement of the pedestrian network along streets adjacent to their perimeter according to the following:
(1) Where a proposed site plan or subdivision abuts an existing right-of-way, multi-use pathways must be provided along the perimeter streets according to the Thoroughfare Plan and constructed per the town's Construction Standards.
(2) Required multi-use pathways should be located within the right-of-way. Pathways located outside the right-of-way must be located within an access easement approved by the Administrator or Town Council.
(Ord. 2022-17, passed 7-19-2022)
§ 154.156 STREET AND RIGHT-OF-WAY STANDARDS.
(A) Applicability. Proposed developments must allocate adequate areas for new streets in conformity with the town's Construction Standards and the Thoroughfare Plan.
(B) Thoroughfare Plan. The Bargersville Thoroughfare Plan, as amended, (the "Thoroughfare Plan") is declared to be a part of this chapter. The Thoroughfare Plan is available for review in the office of the Clerk/Treasurer and in the office of the Department.
(C) Compliance with Thoroughfare Plan. In addition to meeting requirements of the Americans with Disabilities Act (ADA), developments abutting or adjoining streets designated on the Thoroughfare Plan must conform to the requirements of the Thoroughfare Plan regarding: The dedication of rights-of-way; building setback lines; and any other development or design standards in the Thoroughfare Plan or this chapter.
(D) Dedication of right-of-way. Developments adjoining or including existing streets not conforming to the minimum right-of-way dimensions established in the Thoroughfare Plan, must dedicate enough additional right-of-way along the streets to meet the requirements of the Thoroughfare Plan. If the development only contains property on one side of the street, then sufficient right-of-way must be dedicated to bring the half right-of-way up to the dimensions required in the Thoroughfare Plan.
(1) Passing blister. Where a passing blister is required and inadequate right-of-way exists to install the passing blister, then the developer must make a good faith effort to acquire property sufficient for the installation of the passing blister. If the property owners where the passing blister is to be installed refuses to sell the property, then the developer must provide the Administrator copies of all surveys, appraisals, and written offers made by the developer to the property owners, and correspondence from the property owners.
(2) Acceleration and deceleration lanes. Where an acceleration lane and/ or deceleration lane is required and the development does not contain street frontage needed to install the lane, then the developer must make a good faith effort to acquire property sufficient for the installation of the acceleration lane and/or deceleration lane. If the property owners where the acceleration lane and/or a deceleration lane is to be installed refuses to sell the property, then the developer must provide the department copies of all surveys, appraisals, written offers made by the developer to the property owners, and correspondence from the property owners.
(3) Eminent domain. The installation of passing blisters, acceleration lanes, and deceleration lanes is vital to the health, safety, and welfare of the motoring public. The town may, but is not obligated to, begin eminent domain proceedings according to I.C. 32-24 for the acquisition of public right-of-way sufficient for the installation of the passing blister, acceleration lane and/or deceleration lane upon receipt of documentation illustrating the developer's failure to acquire the needed property. Upon completion of the eminent domain proceedings, the developer reimburses the town the price paid by the town for the right-of-way acquisition, including professional and legal expenses, any condemnation and relocation within the acquired right-of-way. The developer then installs the passing blister, acceleration lane and/or deceleration lane according to the town's Construction Standards.
(E) Private streets.
(1) Private streets are prohibited unless approved by the Town Council.
(2) If approved by the Town Council, private streets must conform to the street and right-of-way standards of this chapter and be constructed according to the town's Construction Standards.
(3) Private streets must be established within access easements complying with § 154.157(E).
(4) When a private street easement appears on a secondary plat, a private streets certificate (see § 154.152(F)) must be printed on the plat. Unplatted easements for private streets must have the same language included on a recorded easement instrument.
(5) Financial sureties are required according to § 154.161 and the town's Construction Standards.
(6) When the term right-of-way is used in this chapter, it also applies to private street easements in the context of this chapter only.
(E) Design principles.
(1) Street and alley layout must provide access to all lots and parcels of land within a development. Streets must be laid out on the parent parcel:
(a) In a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community;
(b) In an orderly and logical manner;
(c) With concern for connectivity to adjacent parcels;
(d) With concern for pedestrian and vehicular safety;
(e) To provide reasonably direct access to the primary circulation system.
(2) Streets should adjust to the contour of the land to produce useable lots and streets of reasonable gradient. Consideration must be given to natural features, such as existing wooded areas, streams and creeks, historic locations, or similar conditions that, if preserved, will add attractiveness and value to the community.
(3) Streets must align and connect with existing or planned streets and provide for connections with adjacent property. Where appropriate, proposed streets must extend to the boundary line of the premises to provide for normal circulation of traffic within the vicinity. Regard must be given to the Thoroughfare Plan and Comprehensive Plan. Cul-de-sacs are discouraged and are only permitted where street continuation is prevented due to topography or other physical condition, or unless the Plan Commission finds such extension is unnecessary for the coordination of development within the development or between the development and adjoining property.
(G) Improvement standards. Streets must conform to the following:
(1) Street and right-of-way widths. Widths of streets and minimum rights-of-way widths must conform to the Thoroughfare Plan and the town's Construction Standards.
(2) Construction. Street improvements, must be designed, constructed, and installed according to the town's Construction Standards.
(a) Streets and alleys must be completed as shown on approved plans, profiles, and cross-sections.
(b) Streets must be graded, surfaced, and improved to the dimensions required by the cross-sections and the work must be performed in the manner prescribed in the Indiana Department of Transportation's Standard Specifications.
(c) Where parkways or special types of streets are involved, the Plan Commission may apply special standards to be followed in their design.
(3) Cul-de-sac design. Cul-de-sacs must conform to the following standards:
(a) The maximum length of a cul-de-sac is 600 feet, measured along the centerline from the center of the circle to the intersection of the nearest through street.
(b) The cul-de-sac terminus must be designed according to the town's Construction Standards.
(c) A clear area 20 feet wide and ten feet deep adjacent to the paved street and located opposite the cul-de-sac entrance must be provided to accommodate snow removal. This clear area must be free of above ground improvements (e.g., driveways, mailboxes, fire hydrants, landscaping, and public utility installations), unless otherwise approved by the Administrator.
(d) A temporarily dead-ended street is permitted if a street is proposed to be extended but is not yet constructed. An adequate easement or right-of-way for a turn-around must be provided if the dead-end street extends 150 feet or more in length. If an easement, is used it must automatically vacate to the abutting property owners when the street is extended.
(e) The Plan Commission or Administrator may require a pathway or sidewalk to connect a cul-de-sac to an adjacent cul-de-sac or street to provide reasonably direct connection between likely pedestrian destinations. Such connection must be constructed according to § 154.155 and located within an easement or common area.
(4) Alleys. Alleys must be constructed according to the § 154.200, unless otherwise approved by the Town Council.
(5) Intersections. Street intersections must be designed and improved according to § 154.146. Lot line corners must be rounded by arcs with minimum radii in accordance § 154.146.
(6) Access points. The following standards apply to access points for a development. The Plan Commission, Town Council, or Administrator may approve access points if, due to the size of the development, or appropriate to improve traffic circulation:
(a) Only one street, driveway or point of vehicle access is permitted from a development onto an arterial or collector;
(b) The primary access for a multifamily development must be from an arterial or collector, if available, and at least two access points must be provided for adequate accessibility for emergency vehicles and school busses;
(c) Direct access from a residential driveway to any arterial or collector is discouraged unless it is the lot's only means of access.
(7) Traffic control devices. Traffic control devices must comply with the current edition of the Indiana Manual on Uniform Traffic Control Devices.
(8) Subsurface drainage. Subsurface drainage for streets must be designed according to the town's Construction Standards.
(H) Delay of surface layer. Installation of the surface layer of asphalt may be delayed with permission of the town up to the earlier of: (1) one year or (2) until 80% of the lots within a section have been issued a building permit. A separate performance bond covering the cost of installing the surface layer of asphalt is required prior to approving the delayed installation.
(I) Fire hydrants. Fire hydrants must be provided throughout the development as determined by the Bargersville Fire Department.
(J) Acceptance of improvements. Before any financial surety (see § 154.161) covering a street installation is released, the Plan Commission, Town Council, or Administrator may request core borings for thickness determination. The developer must engage the services of an independent testing laboratory to take cores at locations selected by the town. The results of the testing must be provided to the Administrator for review and approval.
(K) Rail corridors. The following regulations apply to all property abutting a current or former railroad property line ("rail corridor"):
(1) The Administrator will work with owners of property adjacent to a rail corridor should any question of development arise. Any new development proposal adjacent to a rail corridor requiring an improvement location permit or site plan review must be brought to the attention of the Administrator, who will address this section with the applicant. The Administrator will then inform the Director of the Parks Department and Town Council of the proposed development.
(2) For any activity requiring an improvement location permit, the Administrator will work with owners of property adjacent to a rail corridor regarding setback, landscaping and any other development standards deemed appropriate for the future development of the rail corridor and for the property owner. For new development proposals adjacent to a rail corridor requiring an improvement location permit or site plan review, the Administrator will work with the applicant to determine how the rail corridor will be used regarding setback, landscaping and any other development standards deemed appropriate by the Administrator.
(3) The town will work with any rail corridor property owner that can show best title as determined by a court of law with the intent of protecting the rail corridor right-of-way for the use as presented in the Thoroughfare Plan in a way that is beneficial to all.
(4) Any agreement must be approved by the Council and incorporated into the town's plan approval process.
(Ord. 2022-17, passed 7-19-2022)
§ 154.157 STREET STANDARDS.
(A) Principles. In designing a street system, the applicant is guided by the following principles:
(1) Adequate vehicular and pedestrian access must be provided to all parcels.
(2) Street connections into and from adjacent areas may be required.
(3) Local street patterns must provide reasonable direct access to the primary circulation system.
(4) Interior circulation systems and land development patterns cannot conflict with the efficiency of bordering arterial routes.
(5) Elements in the local circulation system should be designed with the least amount of interruptions possible in order to function effectively and safely.
(6) Planning and construction of streets must clearly relate to their local function.
(7) Local streets are designed to discourage excessive speeds.
(8) Pedestrian-vehicular conflict points should be minimized.
(9) The number of intersections should be minimized.
(10) Local streets are designed to minimize impacts to significant topographic features.
(B) Standards.
(1) Current INDOT standards, guides, and manuals are followed as design standards unless otherwise specified in this chapter.
(2) Only one street, driveway or point of vehicle access is permitted from a subdivision onto a collector street or road or an arterial street or road for a subdivision of 50 or fewer lots. Two or more streets, driveways, or points of vehicle access are required by the Plan Commission for subdivisions with over 50 lots to improve the safety and traffic circulation in the area.
(3) Subdivisions with over 50 lots must include streets with a boulevard design if a second entrance is not feasible due to the character of the land, provided the internal street geometrics provides two access points at its termination inside the development. Stub streets must be provided for any future undeveloped land.
(4) Subdivisions with over 100 lots must provide internal circulation routes which provide redundant or alternative access to multiple entrances.
(5) Half streets are not permitted.
(6) All street names and lot addresses are coordinated through the 911 Coordinator for the County and local postal service. No street names may be used which will duplicate or be confused with names of existing streets, unless considered exceptions by the Plan Commission. The streets, which are logical extensions, continuations of, or alignment with any existing streets, either constructed or appearing on any validly recorded plat, must bear the names of such existing streets. Street addresses must be provided for every lot conforming to the town and 911 coordinator's addressing standards.
(7) Rights-of-way and paving for proposed streets must be extended to the boundary lines of the proposed subdivision so a connection can be made to all adjacent properties unless such extension is not feasible because of topography or other physical conditions, or unless, in the Plan Commission's opinion, such extension is not necessary or desirable for the coordination with existing streets or the most advantageous development of adjacent tracts.
(8) Subdivisions cannot be designed to create or perpetuate the land-locking of adjacent undeveloped land. Connectivity must be considered and planned.
(9) A temporarily dead-end street is permitted in any case where a street is proposed to be and should logically be extended but is not yet constructed. A stub street with a dead-end sign is provided in this case terminate in a temporary cul-de-sac with a minimum street radius of 50 feet or hammerhead turnaround unless otherwise waived by the Plan Commission.
(10) In subdivisions that adjoin or include existing streets that do not conform to the minimum right-of-way dimensions as established by this chapter, the subdivider dedicates additional width along either one or both sides to ensure conformance, provided the area to be used for widening is owned by the subdivider or under the subdivider's control.
(11) Refer to § 154.099 for line-of-sight design requirements on corner lots.
(Ord. 2022-17, passed 7-19-2022)
§ 154.158 STREET LIGHT STANDARDS.
(A) Street lights must be installed at all intersections, development entrances, and along internal streets as required by the provisions of this section. The Plan Commission may direct street lights at other locations if it determines they are necessary to provide vehicular or pedestrian safety.
(B) Street lights providing the illumination necessary for vehicular and pedestrian safety at all intersections within the development must be installed per the town's Construction Standards and the public utility providing the lighting. The Plan Commission may reduce the number of intersections required to have street lighting. The provision of street lights at major intersections involving collectors or arterials within the development cannot be waived.
(C) Lighting between intersections must be accomplished by:
(1) Installing street lights at the midpoint of the block or every 15 lots, whichever provides the shorter spacing between street lights;
(2) Installation of dusk-to-dawn lights on the street-side of each home with such lights maintained in good operating condition by the property owner in perpetuity; or
(3) A combination of the above options.
(D) If the town has established a street light standard along the street where the entrance is located, the development must install the same lighting standard. Luminaires must be shielded to prevent glare on residential properties.
(E) Decorative street lights may differ from the town's Construction Standards if approved by the Town Council. Decorative street lights must be installed at the expense of the developer and maintained by the property owners' association. An agreement between the town and the property owner's association is required establishing that the property owner's association is responsible for replacing the decorative street lights and poles when the original street lights installed are lost or damaged. If the town or public utility providing the lighting must replace a street light, it is not obligated to use a decorative street light.
(Ord. 2022-17, passed 7-19-2022)
§ 154.159 STREET SIGN STANDARDS.
(A) Streets must have the minimum number of street signs necessary to create a safe environment for drivers and pedestrians and convey information to efficiently find a certain street or address.
(B) A street name sign is required at each intersection within and at the perimeter of the development.
(C) Street signs must comply with the current edition of the Indiana Manual on Uniform Traffic Control Devices and the town's Construction Standards. A street sign cannot be installed on top of stop signs.
(D) Street name and regulatory signs must be installed prior to any street being opened to the public or the issuance of building permits within the development section.
(E) Decorative street signs may differ from the town's Construction Standards if approved by the Town Council. Decorative street signs must be installed at the expense of the developer and maintained by the property owners' association. An agreement between the town and the property owner's association is required to establish that the property owner's association is responsible for replacing the decorative street signs and poles when the original signs installed are lost or damaged. If the town must replace a street sign, it is not obligated to install a decorative sign.
(Ord. 2022-17, passed 7-19-2022)
§ 154.160 UTILITY STANDARDS.
(A) This section applies to all development including, subdivisions, improvement location permits and site plans.
(B) Public sanitary sewer and water hook-ups are required for development in all zoning districts. Private septic systems must be approved by the Town Council.
(C) Utilities must be installed underground in designated utility easements or rights-of-way.
(D) Prior to approval of the primary plat or site plan, the applicant must provide proof that each utility provider has the capacity and ability to serve the property.
(E) Development must provide for the collection of all sanitary sewage discharges by the installation of sanitary sewers. These sewers must be tied into a public sanitary sewer system and constructed within right-of-way and/or dedicated sewer and utility easements. When a public sanitary sewer is not available, the Town Council may approve a septic sewer system on an individual lot provided it is constructed to the requirements of the County Health Department.
(F) Development must provide a complete water main supply system connected to a municipal or a community water supply system approved by the County Health Department. When a municipal or community water supply is not available, the Town Council may approve an individual water supply on each lot provided it is constructed to the requirements of the County Health Department.
(Ord. 2022-17, passed 7-19-2022)
§ 154.161 SURETY STANDARDS.
(A) As a condition of approval of a subdivision, site plan, special exception, or planned development, a financial guarantee may be required to assure the installation the improvements such as streets, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, driveways, utilities, and similar items.
(B) A bond, irrevocable letter of credit, or other guarantee acceptable to the town ("financial surety") must be executed prior to issuing an improvement location permit for single site developments or recording a secondary plat prior to the completion of improvements.
(C) Construction/performance surety.
(1) A performance surety to the town must include any street, sidewalk, pathway, storm sewer, erosion control, drainage facility, or any other facility to be dedicated to the town. On-site and off-site improvements shown on the approved plans must be covered by the performance surety.
(2) The performance surety must:
(a) Be 120% of the estimated costs determined by the town to be sufficient to complete the improvements in compliance with this chapter and the town's Construction Standards;
(b) Provide surety satisfactory to the town;
(c) Run to and be in favor of the town;
(d) Specify the time for the completion of all improvements; and
(e) Be on a form approved by the Council.
(3) Performance sureties must be effective from the date of approval to begin construction of the project and must not terminate until released by the Town Council. The performance surety must not be released until the Department certifies the improvements have been installed according to the intent of the approved construction plans.
(4) A dedicated account is created in a form acceptable to the State Board of Accounts to hold and accumulate all funds paid pursuant to the provisions of this section. Funds appropriated from the account must only be used for the completion of infrastructure improvements approved by the town and which had not been completed after having been initiated.
(5) The town may consider alternative forms of ensuring the proper completion of improvements to be dedicated to the town or for the benefit of the public.
(6) Upon completion of all improvements and installations as required by this subchapter, the subdivider furnishes appropriate documentation indicating that required improvements and installations have been constructed, installed, and completed in compliance with the provisions of this subchapter, the requirement of the Plan Commission and the provisions of other applicable ordinances of the Town of Bargersville. The Plan Commission prescribes procedures for determining whether all improvements, installations, and lot improvements have been constructed and completed as required by this subchapter.
(7) Upon acceptance of required improvements or installation, the accepting agency or department of the Town of Bargersville provides a completion letter to the subdivider that officially accepts maintenance responsibility, subject to the terms of the required maintenance guarantees.
(8) Two months prior to the expiration of the performance or maintenance guarantee, the Town Council determines if the public improvements have been installed consistent with applicable standards and special conditions or requirements, if any, established by the Town Council in approving the plat. If the improvements have not been installed to the satisfaction of the Town Council, the Council notifies the subdivider of their intent to secure the funds pledged by the performance or maintenance guarantee, or at their discretion, to grant one extension for a period up to 12 months, and the subdivider files with the Town Council a new performance or maintenance guarantee within the extension period. The Council may upon proof of difficulty, grant one additional extension of the completion date for a maximum period of up to 12 additional months, provided that the performance or maintenance guarantee submitted for this extension period meets all other requirements herein and the extension has been requested in writing prior to the expiration of the first extension.
(9) Failure to complete public improvements. In cases where a performance guarantee has been posted and the required public improvements have not been installed within its terms, or if the Council finds upon inspection that any of the improvements have not been constructed according to the approved construction plans, then the Council may thereupon declare the performance guarantee to be in default and cause all public improvements to be installed according to secondary approval regardless of the extent to which development has occurred at that point in time.
(10) Release or reduction of performance guarantee. A performance guarantee may be reduced upon actual acceptance of public improvements and any conditions imposed on the plat and then only by the amount originally estimated for the completion of said public improvements. The Town Council cannot accept required public improvements, nor reduce a performance guarantee, until the subdivider has submitted a certificate attesting to satisfactory completion and the subdivider's engineer or surveyor has provided the Council with certified "as built" construction plans of the public improvements including the utilities, indicating location, dimensions, materials, and other information required by the Council and reviewed by the Town Engineer or representative. Upon certification and evidence of satisfactory completion, the Administrator recommends acceptance to the Town Council and the Town Council accepts the applicable public improvements for maintenance according to established procedures.
(11) Temporary public improvements. The subdivider must build and pay all costs for temporary public improvements required by the Town Council and must maintain the same for the period specified. Prior to construction of any temporary public facility or improvement, the subdivider files with the Town Council a separate suitable performance guarantee for temporary facilities, which insures that the temporary facilities will be properly constructed, maintained, and removed (except for turnaround at ends of the peripheral stub streets intended for connection into adjacent future subdivisions).
(D) Maintenance surety.
(1) When the improvements are completed and accepted by the town, the performance surety may be released. For three years after the date of improvements were accepted by the town or applicable agency, the developer must make all repairs to the improvements which may become necessary due to improper workmanship or materials. Such maintenance does not include any damage to improvements resulting from forces or circumstances beyond the control of the developer.
(2) The developer must provide a maintenance surety to the town for any street, sidewalk, pathway, storm sewer, erosion control, drainage facility, or any other facility dedicated to the town. On-site and off-site improvements shown on the approved plans must be covered by the maintenance surety.
(3) The maintenance surety must:
(a) Run to and be in favor of the town;
(b) Be in a sum of not less than 25% of the performance bonds amount;
(c) Provide surety satisfactory to the town;
(d) Warrant the workmanship and materials used in the installation of the improvements;
(e) Include a certification from the developer that all improvements have been made according to the approved plans.
(4) Maintenance sureties are effective from the date of acceptance and must not terminate until the Public Works Department certifies inspection and approval of the improvements.
(E) Waiver of required public improvements. The Town Council may defer or waive at the time of primary approval, subject to the appropriate conditions, the provision of any or all such public improvements as in its judgment, are not requisite in the interest of the public health, safety, and general welfare, or are inappropriate because of inadequacy or lack of connecting facilities.
(F) Use of funds. Any funds received from the performance and maintenance guarantees can only be used for making improvements, installations or repairs that were guaranteed by a bond or irrevocable letter of credit.
(Ord. 2022-17, passed 7-19-2022)
§ 154.162 APPEAL.
Any person aggrieved by action of the Plan Commission may invoke any legal, equitable, or special remedy in an action brought under this section. Actions may be filed in any court having jurisdiction.
(Ord. 2022-17, passed 7-19-2022)
§ 154.163 PLAT CERTIFICATES AND DEED OF DEDICATION.
The following forms must be used:
(A) Plan Commission certificate.
Under authority provided by I.C. 36-7, enacted by the general assembly of the State of Indiana, and all acts amendatory thereto, and an ordinance adopted by the Town Council of the Town of Bargersville, Johnson County, Indiana, this plat was given approval by the Bargersville Advisory Plan Commission, as follows:
Approved by the Administrator of the Department of Development of the Town of Bargersville, Johnson County, Indiana, pursuant to the Bargersville Development Code, on the day of , .
Bargersville Plan Commission
By:
(Name), Director, Department of Development
(SEAL)
(B) Town Council certificate.
This plat and the acceptance of any public rights-of-way dedicated herein is hereby approved on the day of , 20, by the Town Council of the Town of Bargersville, Indiana.
(Name), Member
(Name), Member
(Name), Member
(C) Registered land surveyor's certificate.
I, , hereby certify that I am a Registered Land Surveyor, licensed in compliance with the laws of the State of Indiana:
That this plat correctly represents a survey completed by me on , that all the monuments shown thereon actually exist or bond has been posted to cover the later installation of these monuments, and that all other requirements specified herein, done by me, have been met.
(Name)
(SEAL)
(D) Engineer's certificate.
I, , hereby certify that I am a Registered Professional Engineer or Land Surveyor, as the case may be, licensed in compliance with the laws of the State of Indiana, and that I have inspected during their construction and installation all improvements and installations required for this subdivision, designated specifically as , and that such required improvements and installations have been made and installed according to the specifications heretofore approved therefore.
(Name)
(SEAL)
(E) Deed of dedication. Each Secondary Plat submitted for approval must carry a deed of dedication in substantially the following form:
We the undersigned owners of the real estate shown and described herein, do hereby certify that we have laid off, platted, and subdivided, and do hereby lay off, plat and subdivide, said real estate according to the within plat.
This subdivision must be known and designated as , an addition to Bargersville, Indiana. All rights-of-way shown and not heretofore dedicated are hereby dedicated to the public.
Front and side yard building setback lines are hereby established as shown on this plat, between which lines and the property lines of the street, there must be erected or maintained no building or structure.
There are strips of ground shown on this plat and marked "easement", reserved for the use of public utilities for the installation of water and sewer mains, poles, ducts, lines and wires, subject at all times to the proper authorities and to the easement herein reserved. No permanent or other structures are to be erected or maintained upon said strips of land, but owners of lots in this subdivision must take their titles subject to the rights of the public utilities.
[Additional easement certificates, dedications and protective covenants, or private restrictions would be inserted here upon the applicant's initiative or the recommendations of the Plan Commission, Town Council; important provisions are those specifying the use to be made of the property, rights and authority of grantees, and, in the case of residential use, the minimum living area.]
The foregoing covenants, or restrictions, are to run with the land and must be binding on all parties and all persons claiming under them until January 1, , (a 25 year period is suggested), at which time said covenants, or restrictions, must be automatically extended for successive periods of ten years unless changed by vote of a majority of the then owners of the building sites covered by these covenants, or restrictions, in whole or in part. Invalidation of any of the foregoing covenants, or restrictions, by judgment or court order must in no way affect any of the other covenants or restrictions, which must remain in full force and effect.
The right to enforce these provisions by injunction, together with the right to cause the removal, by due process of law, of any structure or part thereof erected, or maintained in violation hereof, is hereby dedicated to the public, and reserved to the several owners of the several lots in this subdivision and to their heirs and assigns.
Witnessed our hands and seals this day of , .
State of Indiana
Johnson County
Before me the undersigned Notary Public, in and for the County and State, personally appeared , , and each separately and severally acknowledge the execution of the foregoing instrument as his or her voluntary act and deed, for the purposes therein expressed.
Witness my hand and notary seal this day of , .
(SEAL)
(F) Easement certificate. Each secondary plat submitted for approval must include easement certificates, where appropriate and according to § 154.152.
(Ord. 2022-17, passed 7-19-2022)
PROCESS AND ADMINISTRATION
§ 154.180 PROCESS.
(A) General provisions.
(1) Purpose. This chapter outlines the procedure for approvals, permits, administration, and enforcement, as set forth in this chapter.
(2) Application. Application and informational packets may be obtained through the Department and/or online through the town's website.
(3) Fees. A schedule of fees for applications, permits, and other purposes required by this chapter is established by the Town Council and kept in the office of the Administrator. Until all applicable fees, charges and expenses have been paid in full, no final action can be taken on any application or permit. This requirement applies not only to fees due for the specific application or permit, but also to fees and fines owed relative to any previously issued permit or violation of this chapter. Any person initiating construction of a structure before obtaining an improvement location permit or other required permit must pay twice the amount of the current permit fee.
(4) Public meetings. Applications requiring public meetings are filed according to the adopted schedule of meeting and filing dates and subject to the rules of procedure of the applicable hearing body.
(5) Permits and licenses void if in conflict. Any permit or license issued in conflict with the provisions of this chapter are considered null and void from the date of issue.
(B) Administrative determination.
(1) Purpose. The interpretation authority established by this chapter recognizes that the provisions of this chapter, though detailed, cannot address every specific situation to which they may have to be applied. Many such situations can be addressed by an interpretation of the specific provisions of this chapter considering the general and specific purposes for which those provisions have been enacted. The interpretation authority established is an administrative, not legislative, authority. It is not intended to add to or change the essential content of this chapter. It is intended only to allow authoritative application of content to specific cases.
(2) Applicability. Any person having a legal or equitable interest in property that gives rise to the need for an interpretation may file an application for an administrative determination. Interpretations based on hypothetical circumstances or where the interpretation would have no effect other than as an advisory opinion will not be entertained. The Administrator may render interpretations of the provisions of this chapter and of any rule or regulation issued according to it ("administrative interpretation" or "administrative determination") by written order, subject to the procedures, standards, and limitations of this chapter.
(3) Application procedures.
(a) Application. Applications for interpretations of this chapter are filed according to the requirements of this article.
(b) Action on application. Within ten working days of the submission of a completed application, the Administrator provides the applicant a determination in writing, stating the specific precedent, reasons, and analysis upon which the determination is based. Failure of the Administrator to act within ten working days is deemed a decision denying the application.
(c) Records. Records of all applications for determinations are kept on file in the office of the Administrator and may be recorded in the Office of the Johnson County Recorder at the Director's discretion.
(d) Appeal. Appeals of interpretations rendered by the Administrator are made according to division (C).
(4) Decision criteria. The following standards are considered when issuing determinations:
(a) A use will not be permitted in a zoning district unless evidence is presented that demonstrates:
1. The use is consistent with the purpose and intent of the zoning district;
2. The use will comply with the general regulations established for the zoning district; and
3. The use is like other uses permitted in the zoning district and is more similar to those uses than to uses permitted in a more restrictive zoning district.
(b) If a proposed use is most like a use permitted only as a special exception in the zoning district where it is proposed to be located, the use requires special exception approval according to division (H).
(5) Effect of favorable interpretations. A determination permitting a proposed use does not authorize the establishment of a use nor the development, construction, alteration, or moving of any building or structure, but only authorizes the preparation, filing, and processing of applications for any permits and approvals that may be required by this chapter and other town ordinances such as a building permit, a certificate of occupancy, a primary or secondary plats, or site plan approval.
(6) Limitations on interpretations. A determination is limited to the circumstance for which it was issued. It does not authorize any allegedly similar circumstance for which a separate determination is needed, unless otherwise provided for in the determination.
(C) Appeals of administrative decisions.
(1) Application procedures.
(a) Right of appeal. The BZA reviews appeals of any decision, interpretation, or determination made by the Administrator or any other administrative official or board with responsibilities enforcing and interpreting this chapter. The procedures in this article apply to all appeals of administrative decisions, unless otherwise required by local or Indiana law.
(b) Stay of enforcement. If an appeal to an enforcement action is filed according to this article, the Administrator takes no further enforcement action on the matter pending the BZA's decision, except for unsafe circumstances presenting an immediate danger to the public.
(c) Application. The applicant submits an administrative appeal application within 30 days of the decision, interpretation, or determination, along with supporting information, including:
1. Original submittals. Copies of all materials which the decision being appealed was based.
2. Written decisions. Copies of any written decisions that are the subject of the appeal.
3. Appeal basis. A letter describing the reasons for the appeal noting specific sections of this chapter or other applicable standards upon which the appeal is based.
(2) Public notice. Notification for the scheduled public hearing regarding the appeal request must be completed consistent with the schedule of meeting and filing dates and the BZA's Rules of Procedure.
(3) Public hearing. At a regularly scheduled meeting, the BZA reviews the administrative appeal application and supporting information.
(a) Representation. The applicant or applicant's representative must be present at the meeting to present the appeal.
(b) Testimony. At the meeting, the BZA will consider a report from the Administrator and enforcing party, testimony from the applicant, and testimony from witnesses and interested parties.
(c) Procedures. The conduct of the hearing follows the BZA's Rules of Procedure.
(4) Decision criteria. The following standards are considered by the BZA when reviewing appeals of administrative determinations:
(a) A use will not be permitted in a zoning district unless evidence is presented that demonstrates:
1. The use is consistent with the purpose and intent of the zoning district;
2. The use will comply with the general regulations established for the zoning district; and
3. The use is like other uses permitted in the zoning district and is more similar to those uses than to uses permitted in a more restrictive zoning district.
(b) If a proposed use is most like a use permitted only as a special exception in the zoning district where it is proposed to be located, the use requires special exception approval according to division (H).
(5) BZA action. The BZA may affirm, affirm with modifications, reverse, or continue the appeal.
(a) Affirm. If the BZA finds the administrative decision was consistent with the provisions of this chapter, the BZA affirms the determination.
(b) Affirm with modifications. If the BZA determines the proper interpretation is not consistent with the administrative decision nor the interpretation requested by the applicant, the BZA will affirm the determination with modifications.
(c) Reverse. If the BZA finds the administrative decision was inconsistent with the provisions of this chapter, the BZA reverses the determination.
(d) Continuances. The appeal may be continued based on a request by the Administrator or applicant, an indecisive vote, or a determination by the BZA that additional information is required before action is taken on the request. The continuing of applications follows the BZA's Rules of Procedure.
(6) Commitments. The BZA may require the property owner to make written commitments concerning the use or development of the property (see division (D) of this section).
(D) Commitments.
(1) Applicability. An applicant may be required to make a commitment to the Plan Commission, BZA, or Administrator as a condition of approval of a rezoning proposal, a primary plat, a site plan, a plat vacation, special exception, or variance.
(2) Form. Commitments must be in writing, in a recordable form approved by the town, and signed by the owner(s) of the real estate.
(3) Expiration. A commitment may contain terms stating the commitment automatically terminates: (i) if the property's zoning classification is changed; (ii) if the commitment's use is changed; or (iii) otherwise according to the rules of procedure of the Plan Commission or BZA. If not otherwise provided, commitments remain in effect until otherwise modified or terminated per division (6) below.
(4) Recording. The applicant must record the commitments in the Office of the Recorder of Johnson County, Indiana, within 14 days of the approval of the application. The applicant must return a copy of the recorded commitments to the Department within 14 days of recording. New applications for approvals or permits for the property will not be processed until a copy of the recorded commitments is provided to the Department.
(5) Enforcement. The Plan Commission, BZA, town, owners of real estate adjoining the subject real estate, all owners of real estate within the area included in the application who were not applicants for approval, and others specifically designated in the commitments are entitled to enforce the commitments according to I.C. 36-7-4-1015, or as otherwise provided by applicable law.
(6) Modification of commitments. A commitment may be modified or terminated only by a decision of the applicable body to which the commitment was made. The decision is made at a public hearing by the Plan Commission, BZA, or Town Council after notice has been provided according to the Rules of Procedure. The modification or termination of the commitments is not effective until: (i) written in a form approved by the Town Attorney; (ii) approved by the Plan Commission, BZA, or Town Council; (iii) executed by the current property owner of the real estate; and, (iv) recorded in the Office of the Recorder of Johnson County, Indiana. The applicant is responsible for recording the commitments per division (4) above.
(E) Design review process.
(1) Purpose. The purpose of the design review process is to ensure the compatibility of new development or construction with the existing development of the surrounding neighborhood.
(2) Applicability. Unless otherwise waived in writing by the Administrator, the design review process is required as part of the site plan review process for applications located within the Downtown District, within a corridor overlay district, or on an infill site. An infill site is one where the proposed development is located on vacant or underutilized land substantially enclosed by other buildings and developments. An individual single-family detached dwelling unit is exempt from this requirement.
(3) Application procedures. All applications for design review must include the documentation and supporting information set forth in division (G). Other information necessary to support a thorough review of the project may be requested in writing by the Plan Commission or Administrator. Within five business days of the application submittal, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. The Administrator in writing may waive or relax any of the documentation required which is irrelevant or unnecessary for a thorough review of the development.
(a) Landscape plan. A landscape plan according to § 154.110, is required as part of any site plan and must detail perimeter areas, buffer yards, common areas, entryways, and any other open space as considered appropriate by the Plan Commission or Administrator. Landscape plans for a detailed site plan must be site or lot specific showing compliance with parking area, buffer yard, and on-site or foundation requirements.
(b) Open space and amenity plan. A statement of the nature and extent of all existing and proposed open space and amenities must be provided either on the submitted landscape plan or in writing, along with any necessary explanatory materials or graphics, as part of any site plan.
(c) Lighting plan. A lighting plan according to § 154.111, is required as part of any site plan.
(d) Sign plan. A sign plan according to § 154.113 may be required with the any site plan submission; however, all signs are subject to approval and obtaining a sign permit (see § 154.181(D)) before erection.
(e) Building elevations. Drawings of proposed buildings must be filed in connection with the detailed site plan submission. The buildings must be drawn to scale and include the following:
1. Address of the property and graphic scale;
2. Proposed name of the development;
3. Elevations for each building facade (360 degree);
4. Specifications or samples of the type and color of exterior materials to be used for all wall, window, roof, and other architectural features;
5. A separate true color rendering, or other realistic depiction, of the proposed building, including any areas designated for signage;
6. Details of any exterior architectural lighting.
(4) Decision criteria. In addition to the criteria identified in division (G), site plans submitted as part of the design review process are reviewed for compatibility of the proposed development with the surrounding neighborhood on the following requirements:
(a) Massing of the building form;
(b) Building scale;
(c) Location and treatment of entryways, including porch heights;
(d) Surface materials, finishes, and textures;
(e) Size of building footprint;
(f) Eave heights;
(g) Building silhouette;
(h) Spacing between buildings;
(i) Setbacks from Street property lines;
(j) Proportions of windows, bays, doorways, etc.;
(k) Shadow patterns from massing and features; and
(l) Landscaping.
(5) Commitments. The Plan Commission or Administrator may require the property owner to make written commitments concerning the use or development of the property (see division (D)).
(F) Planned unit developments.
(1) Application procedures.
(a) Applicability. These regulations apply to planned unit development (PUD) district proposals and to any proposed amendment to an existing planned unit development that would affect either the text of the PUD ordinance or the ordinance's referenced exhibits.
(b) Required approvals. A planned unit development district requires the following approvals:
1. Ordinance and concept plan (collectively, "PUD Ordinance") (see division (12) below);
2. Site Plan (see division (G));
3. Approval of primary plat and secondary plat, if applicable.
(c) Application process.
1. Sketch plan conference. A sketch plan conference with the Administrator is required before the filing of any PUD application. This conference is held to allow the applicant to discuss characteristics of the development in relation to adopted town policies. The conference allows the Administrator to review PUD procedures, development standards, and policies with the applicant. A draft of the proposed PUD Ordinance is required for the sketch plan conference. The applicant is encouraged to incorporate the Administrator's comments into the proposal prior to filing the application. The sketch plan conference is intended only for discussion purposes; neither the applicant nor the Plan Commission is bound by any decision made during the conference.
2. Who may file. Applications may be filed by a petition signed by the property owners of the real estate involved in the petition, or the property owner's authorized agent. If an authorized agent, then a consent form signed by the property owner must accompany the application.
3. Filing deadline. Applications must be filed according to the schedule of meeting and filing deadlines.
4. Forms of filing. An applicant submits a completed application to the Administrator on forms provided by the Department with documentation and required supporting information in the format specified by the Department. The Administrator establishes the number of copies of complete applications and supporting documentation required to be filed.
5. Docketing by Administrator. Within five business days of the application submittal, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Applications determined to be in proper form according to the guidelines established must be numbered and docketed by the Administrator.
6. Neighbor meeting. Applicants requesting approval of a PUD Ordinance and any amendments, are encouraged to host a neighbors' meeting and submit a written report to the Administrator summarizing the meeting prior to the Plan Commission public hearing. Applicants must invite to the neighbor meeting at least the interested parties required to receive mailed notice of the Plan Commission public hearing.
(2) Public notice. Notification for the public hearing must be completed consistent with the requirements of the Plan Commission's Rules of Procedure.
(3) Plan Commission public hearing. At a public hearing, the Plan Commission reviews the application and supporting information.
(a) Representation. The applicant and/or any representative of the applicant must be present at the public hearing to present the application and address any Plan Commission questions.
(b) Testimony. The Plan Commission considers a report from the Administrator and testimony from the applicant, remonstrators, the public, and interested parties at the hearing.
(c) Procedures. The conduct of the public hearing follows the requirements of the Plan Commission's Rules and Procedure.
(4) Decision criteria. In reviewing the PUD application, the Plan Commission and Town Council consider the extent to which the proposed PUD:
(a) Meets the requirements, standards and stated purpose of the PUD regulations;
(b) Departs from the zoning and subdivision regulations applicable to the property and why such departures are in the public interest;
(c) Meets the purposes of the Comprehensive Plan and other policies and objectives of the town;
(d) Provides public services, manages circulation and traffic, establishes common open space, and enhances the community as a whole;
(e) Is compatible with adjacent properties and does not diminish their value;
(f) Enhances the physical development, tax base, and economic well-being of the town;
(g) Preserves ecological, natural, historical, architectural, and human-made resources to the extent possible; and
(h) Reflects responsible development and growth and will not damage the public health, safety, and general welfare.
(5) Plan Commission action. Following the public hearing, the Plan Commission may either forward the application to the Town Council with a favorable recommendation, an unfavorable recommendation, or no recommendation according to Indiana Code; or continue the request to a subsequent Plan Commission meeting. The application may be continued by the Plan Commission based on a request by the Administrator, applicant, remonstrator, or interested party; an indecisive vote, or a determination by the Plan Commission that additional information is required prior to acting on the request. The continuing of applications and any potential additional legal notice must be consistent with the Plan Commission's Rules and Procedure.
(6) Commitments. The Plan Commission may require the property owner to make written commitments concerning the use or development of the property (see division (D)).
(7) Certification. The Plan Commission certifies its recommendation to the Town Council according to Indiana Code. The Administrator forwards the Plan Commission certification, the application and supporting information, any Department reports regarding the application, and an ordinance to the Town Council for consideration.
(8) Town Council action. The Town Council reviews the rezoning application and materials forwarded from the Plan Commission and may either approve or deny the ordinance. If the Town Council fails to act within 90 days of the Plan Commission's certification, and the applicant has not otherwise withdrawn the request or requested additional consideration by the Plan Commission, the rezone ordinance becomes effective or be defeated with the provisions of I.C. 36-7-4-608. The Town Council may also seek modifications or additions to any written commitments permitted by this chapter.
(9) Effect of approvals of PUD Ordinance. A PUD Ordinance becomes effective after its approval by the Town Council and is recorded by the town in the Office of the Recorder of Johnson County, Indiana. The Zoning Map is amended accordingly. The use and development of the property are then governed by the PUD ordinance, subject to review and approval of subsequent permits and approvals as required by this section and chapter, and any other regulatory processes which may be required prior to beginning construction within the PUD.
(10) Site plan approval. Site plan approval, as set forth in division (G), is required for all PUDs. Site plans must conform to the approved PUD ordinance and this chapter. An application for site plan approval must be filed within 18 months of PUD ordinance approval. If needed, applicants may seek a time extension of up to 18 months from the Town Council.
(11) Permits. No permit of any kind will be issued within a PUD except according to the approved site plan, and after acceptance by the town of all required guarantees for improvements according to this chapter.
(12) PUD Ordinance requirements. PUD Ordinances and supporting data must include the following documentation. The Administrator in writing may waive or relax any of the requirements listed which are irrelevant or unnecessary for a thorough review of the development.
(a) PUD Ordinance. The PUD Ordinance must follow a standard format adopted by the town for PUD ordinances.
(b) Concept plan. A drawing of the PUD ("concept plan") must be included at a scale at least one inch equals 100 feet, or at a scale the Administrator considers appropriate.
1. General concepts. The concept plan must show in general terms the following: major circulation; location and dimensions of buildings, structures, and parking facilities; open space areas; recreation facilities; and other details indicating the character of the proposed development.
2. Detailed concepts. The concept plan must include in detailed terms the following:
a. A site location map showing the project location and other development projects in the vicinity;
b. The name of the development, with the words "concept plan";
c. Boundary lines and acreage of each land use component;
d. Existing easements, including location, width, and purpose;
e. Existing land use on abutting properties;
f. Other conditions on the site and adjoining land: topography (at two-foot contours) including any embankments or retaining walls; use and location of buildings, railroads, power lines, towers, and other influences; name of any adjoining subdivision;
g. Existing streets on and adjacent to the tract, including street name, right-of-way width, walks, pathways and bridges and other drainage structures;
h. Proposed public improvements: collector and arterial streets and other major improvements planned by the public for future construction on or adjacent to the tract;
i. Existing utilities on the tract;
j. Any land on the tract within the floodway and floodway fringe as shown on the Flood Insurance Rate Maps;
k. Other conditions on the tract, including water courses, wetlands, sinkholes, wooded areas, existing structures, and other significant features such as significant isolated trees;
l. Existing vegetation to be preserved and the locations, nature, and purpose of proposed landscaping;
m. Map data such as north point, graphic scale, and date of preparation.
(c) Written statement of character. A written statement of character of the PUD must provide an explanation of the character of the PUD and the reasons why it has been planned to take advantage of the flexibility of these regulations. The written statement must include:
1. A specific explanation of how the proposed PUD meets the objectives of all adopted land use policies affecting the land in question;
2. Development phasing indicating building phases, including the area, density, use, public facilities, and open space to be developed with each phase, and projected dates for beginning and completion of each phase. Each phase must be described and mapped;
3. General details of the proposed uses:
a. Residential uses must indicate gross area, architectural concepts (narrative, sketch, or representative photo), and number of dwelling units for each residential component;
b. Nonresidential uses must indicate specific nonresidential uses, including gross areas, architectural concepts (narrative, sketch, or representative photo), and building heights.
4. Preliminary feasibility reports for the infrastructure and facilities, including:
a. Streets;
b. Street lighting;
c. Sidewalks and pathways;
d. Sanitary sewers;
e. Water supply system;
f. Other utilities;
g. Storm water management;
h. Schools.
(d) Development amenities and open space. The PUD ordinance must include a statement of recreational amenities and open space. Such statements must designate and convey active and/or passive recreational areas according to the following:
1. Recreational amenities and open space must be allocated to the property in proportion to the uses assigned in the PUD and be located within reasonable walking distance to those uses; however, when preserving existing features, the recreational amenities do not need to be in proximity to the use.
2. If the PUD ordinance provides for development in stages, then amenities and open space must be provided in each stage in proportion to that stage, unless otherwise indicated and approved in the PUD ordinance.
3. Amenities must be conveyed in one of the following forms:
a. To a municipal or public corporation;
b. To a not-for-profit corporation or entity established to benefit the owners and tenants of the PUD. All conveyances must be structured to ensure the grantee has the obligation and the right to effect maintenance and improvement of the amenities and the duty of maintenance and improvement is enforced by the owners and tenants of the PUD; or
c. To owners other than those specified in divisions a. and b. above, and subject to restrictive covenants describing and guaranteeing the amenities, its maintenance and improvement, running with the land for the benefit of residents of the PUD or adjoining property owners or the community.
(e) Traffic impact study. A traffic impact study may be required at the discretion of the Administrator, the Plan Commission, or Town Council. If a traffic impact study is required, it must be prepared by a registered professional engineer and must evaluate the impact of present and future traffic generated by the proposed development on the adjacent roadway system. Prior to beginning the study, an applicant meets with the Administrator to determine the appropriate scope for the study.
(f) Additional materials. The Administrator informs the applicant in writing of any additional information, documents, or data necessary to support a thorough review of the proposed development.
(13) PUD ordinance amendments.
(a) Changes requiring an amendment to a PUD ordinance include altering the concept or intent of the initial PUD, as determined by the Administrator, which include:
1. Increases in density or intensity;
2. Changes in the proportion or allocation of land uses;
3. Changes in the list of approved uses;
4. Changes in the locations of uses outside of the parameters set forth by the PUD ordinance;
5. Changes in functional uses of open space constituting an intensification of use of the open space;
6. Changes in the final governing agreements which conflict with the concept plan approval.
(b) The procedure for amending an approved PUD ordinance ("text amendment") is the same as the procedure for the adoption of the initial PUD ordinance.
(G) Site plan review.
(1) Purpose. The site plan review requirements provide a consistent and uniform method for reviewing proposed site plans to ensure compliance with the standards of this chapter, other applicable ordinances, standard engineering practices, and state and federal laws. The procedures of this subchapter are further intended to:
(a) Achieve efficient use of land;
(b) Protect natural resources on the site and in the vicinity of the site;
(c) Minimize adverse impacts on nearby properties; and
(d) Encourage cooperation between the town and applicant to advance the town's land use objectives.
(2) Applicability. Applications for improvement location permits must contain a site plan and other information required for a complete and thorough review of the application. Within five business days of the application submittal, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. The level of review depends upon the scope and scale of the proposed project.
(a) Level A site plans are reviewed by the Administrator and include:
1. Single-family detached dwellings;
2. Single-family attached dwellings;
3. Multi-family attached dwellings up to six units per building;
4. Manufactured or mobile homes;
5. Residential building additions;
6. Detached residential accessory buildings 200 square feet or larger;
7. Garages or carports;
8. Conversion of occupancy classification per State Building Code;
9. Parking lots up to ten spaces;
10. Exterior alterations to structures;
11. Signs;
12. Swimming pools;
13. Awnings;
14. Nonresidential building additions up to 2,000 square feet;
15. Nonresidential accessory buildings and structures;
16. New nonresidential principal buildings and developments;
17. Non-residential building additions greater than 2,000 square feet.
(b) Level B site plans are reviewed and approved by the Plan Commission and include:
1. Multi-family developments or buildings containing seven units or more;
2. Structures other than buildings (including towers and antennas);
3. Parking lots containing more than ten spaces.
(c) The Administrator determines what level site plan review is required by the proposed project. The Administrator may defer Level A approvals to the Plan Commission. The Plan Commission may delegate Level B approvals to the Administrator. For example, the Plan Commission may approve a large multi-family development and delegate the review and approval of the individual buildings within the development to the Administrator.
(d) Expiration of permits.
1. Initiation of work. Work described in any improvement location permit and its associated site plan must begin within 180 days of the date the ILP was issued.
2. Completion of construction. An improvement location permit expires if the work described in an ILP is not completed within 12 months of the date the ILP for a Level A site plan was issued or within 18 months of the date the ILP for a Level B site plan was issued. Upon expiration of the ILP, the permit is cancelled by the Administrator who provides written notice of the cancellation to the permit holder. The notice also informs the permit holder that future work cannot proceed until a new ILP is issued.
3. Extension of time. Prior to the expiration of the ILP, the permit holder may submit a written request for an extension of time. For a Level A site plan, the Administrator may grant one extension of time up to six months. For a Level B site plan, the Plan Commission may grant one extension of time up to 18 months. An extension will only be approved if the development encountered unforeseen difficulties beyond the control of the permit holder and the project will proceed within the extended period. If these provisions are not fulfilled or the extension has expired prior to construction, the ILP expires.
(e) Construction compliance. The ILP only covers the use, arrangement, and construction specifically proposed in the approved site plan associated with the ILP. Any other use, arrangement, or construction not authorized by the ILP is a violation of this chapter.
(3) Level A site plan approval application procedures.
(a) The applicant submits:
1. A complete ILP application form;
2. A Level A site plan;
3. A written description of the proposed project or use;
4. Payment of the application fee; and
5. Any additional information required for a complete review of the application.
(b) The Administrator reviews the application for compliance with this chapter and other applicable town standards. The Administrator may forward the application to the Technical Advisory Committee for their review and comment. The Administrator provides all review comments to the applicant and notes areas of noncompliance with the town requirements.
(c) The applicant may submit revised comments in response to the comments received.
(d) When a site plan has been reviewed and found in compliance with town requirements, the Administrator may approve, or approve with conditions, the application. Applicants not complying with town requirements will not be approved.
(e) Upon approval, copies of the application and plan, signed by the Administrator, are maintained on file at the town, with a copy provided to the applicant.
(f) Approved site design.
1. Following approval of the site plan, the Administrator issues an improvement location permit. The applicant is responsible for obtaining all other applicable county, state or federal permits before issuance of a building permit.
2. The property owner is responsible for maintaining the property according to the approved site plan on a continuing basis. Any property owner who fails to maintain the property according to the approved site plan is in violation of this chapter.
3. Commitments may be imposed on site plan approval to ensure compliance with the requirements of this chapter.
4. A performance guarantee may be required, according to § 154.161, to ensure completion of required improvements as specified in the ILP and shown on the approved site plan.
(4) Level B site plan approval application procedures.
(a) The applicant submits:
1. A complete ILP application form;
2. A Level B site plan;
3. A written description of the proposed project or use;
4. Payment of the application fee; and
5. Any additional information required for a complete review of the application.
(b) The Administrator forwards the application to the Technical Advisory Committee for their review and comment. If applicable, outside consultants prepare a review of the site plans and provide written comments to the Administrator prior to action being taken to approve or deny the application. Costs related to this review are paid by the applicant in accordance with the policy established by the town. The Administrator provides all review comments to the applicant, noting areas of noncompliance with the town requirements.
(c) The applicant may submit revised plans in response to the comments. Revised plans must be submitted in sufficient time, as determined by the Administrator, prior to a scheduled meeting. Revised plans submitted without adequate time for review will not be considered.
(d) When a site plan has been reviewed and determined to be complete, the Administrator places it on the Plan Commission agenda. Incomplete applications will not be docketed. The Plan Commission reviews the ILP application, site plan, and recommendations from staff, consultants and reviewing agencies. The Plan Commission may approve, deny, approve with conditions, or table action on the application.
(e) The applicant is required to obtain all other necessary agency permits from the Town of Bargersville and any other county, state, or federal agency with jurisdiction. The Plan Commission may approve a site plan conditioned on obtaining necessary permits, if proof of application for required permits is submitted.
(f) Each action taken for a site plan review, along with the reasons for that action, are recorded in the minutes of the Plan Commission meeting. Upon approval, copies of the application and plan, signed by the Administrator, are maintained on file at the town, with a copy provided to the applicant.
(g) Approved site design.
1. Following approval of the site plan, the Administrator issues an improvement location permit. The applicant is responsible for obtaining all other applicable county, state, or federal permits before issuance of a building permit.
2. The approved construction must commence and be completed within the time periods specified in division (G)(2)(d).
3. The property owner is responsible for maintaining the property according to the approved site plan on a continuing basis. Any property owner who fails to maintain the property according to the approved site plan is in violation of this chapter.
(h) Commitments may be imposed on site plan approval to ensure compliance with the requirements of this chapter.
(i) A performance guarantee may be required, in accordance with § 154.161, to ensure completion of required improvements as specified in the ILP and shown on the approved site plan.
(5) Decision criteria. Site plan approval is granted when the proposed plan meets all applicable standards of this subchapter as outlined below:
(a) The site plan complies with all applicable requirements of this chapter and all other applicable laws and regulations;
(b) The site is designed to minimize hazards to adjacent property and to reduce the negative effects of traffic, noise, smoke, fumes, and glare to the maximum extent;
(c) Unless a more specific design standard is established by this chapter, all uses and structures must comply with the following design standards:
1. Traffic circulation. Access points and vehicular and pedestrian circulation routes are designed to promote safe and efficient circulation in and around the site. The number, spacing, and alignment of existing and proposed access points are considered relative to their impact on traffic movement on abutting streets and adjacent properties.
2. Storm water. Storm water systems are designed to not adversely affect neighboring properties or public storm water drainage systems. Where possible, storm water shall be removed from all roofs, canopies and paved areas should be captured by surface drainage systems.
3. Landscaping. Where possible, existing landscape should be preserved by minimizing unnecessary tree and soil removal.
4. Buffering. Landscape buffering is provided where potentially incompatible uses abut one another, according to § 154.110(E).
5. Lighting. Lighting is designed to minimize glare on adjacent properties and public streets. As a condition of plan approval, reduction of lighting during nonbusiness hours may be required.
6. Utility service. All utility services are provided underground, unless impractical.
7. Exterior uses. Exposed storage areas, machinery, heating and cooling units, service areas, loading areas, utility buildings and structures, and similar accessory areas are located and screened to have minimal negative effect on adjacent properties (see § 154.110(H)).
8. Emergency access. All buildings and structures are readily accessible to emergency vehicles.
9. Water and sewer. Water and sewer installations comply with all town, county, and state specifications and requirements.
10. Signs. Permitted signs are located to avoid the creation of distraction and visual clutter.
(d) Building design. New or substantially remodeled buildings are reasonably compatible in appearance with or enhance the established general character of other buildings in the immediate vicinity. The requirements of division (E) are met regarding building design and materials.
(6) Possible action. The Plan Commission or Administrator may approve, approve with conditions, deny, or continue the application.
(7) Commitments. The Plan Commission or Administrator may require the property owner to make written commitments concerning the use or development of the property (see division (D)).
(8) Site plan requirements. Site plans must contain the information listed below. The Administrator may waive requirements for a Level A site plan and the Plan Commission may waive requirements for a Level B site plan if it is determined the requirement not apply to the property or use in question.
Table 7.1 Site Plan Submittal Requirements
Table 7.1 Site Plan Submittal Requirements
Required Elements
Level A
Level B
Site conditions, including existing drainage courses, floodplains, lakes, streams, wetlands, and woodlands
X
X
Proposed lot lines, lot dimensions, property lines, setback dimensions, structures, and other improvements on the site
X
X
All existing and proposed easements
X
X
Building and Structure Details
Location, height, and dimensions of proposed buildings or structures
X
X
Building floor plans and total floor area
X
X
Details on accessory structures
X
Size, height and method of shielding for all site and building lighting
X
Location of all freestanding signs, with setbacks
X
X
Size, height, and lighting of all proposed signs
X
Building facade elevations for all sides, drawn to scale
X
Description of exterior building materials
X
X
Location, height, and outside dimensions of all outside storage areas
X
X
Location, height, and materials of all proposed fences and walls
X
Access and Circulation
Dimensions, curve radii and centerlines of existing and proposed access points, roads and road rights-of-way or access easements
X
X
Dimensions of acceleration, deceleration, and passing lanes
X
Opposing driveways and intersections within 250 feet of site
X
Cross section details of proposed roads, driveways, parking lots, and non-motorized paths illustrating materials and thickness
X
Dimensions of parking spaces, landscaped islands, circulation aisles, and loading zones
X
X
Calculations for required number of parking and loading spaces
X
X
Designation of fire lanes
X
X
Traffic regulatory signs and pavement markings
X
Location of existing and proposed sidewalks/pathways within the site or right- of-way
X
X
Proof that required permits have been submitted to the county or state, as applicable
X
Landscape Plans
General location and canopy outline of all existing woodlands, with an identification of trees to be removed and trees to be preserved
X
X
Description of methods to preserve existing trees
X
Location of existing and proposed lawns and landscaped areas, including percentage of lot area
X
X
Landscape plan, including location and type of all proposed shrubs, trees, and other live plant material, according to Section 14-8
X
Notation of required greenbelts, buffers and screening and calculation of required plants
X
X
Location and area calculations for all required common open space
X
Information Concerning Utilities, Drainage, and Related Issues
Location of existing and proposed septic systems or sanitary sewers
X
X
Location and size of existing and proposed well sites, water service, and fire suppression systems
X
X
Fire service features on site, including fire hydrants and fire connections mounted on buildings
X
X
Stormwater drainage and retention/detention calculations
X
X
Site grading, drainage patterns, and other storm water management measures
X
X
Storm water retention and detention ponds, including grading, side slopes, depth, high water elevation, volume, and outfalls
X
Location of underground storm sewers and drains
X
X
Size, slope, and elevation data for all storm sewers
X
Location of above and below ground gas, electric and telephone lines, existing and proposed
X
Sedimentation control measures
X
X
Location of transformers and utility boxes
X
X
Site lighting, including locations and details for lighting fixtures
X
Waste receptacle enclosure location and details, if required
X
Locations and storage containment details for any hazardous materials or chemicals, if applicable
X
Additional Information Required for Residential Development
The number and location of each type of residential unit
X
Density calculations by type of residential unit (DU/acre)
X
Garage and/or carport locations and details, if proposed
X
Mailbox clusters
X
Location, dimensions and elevations of common building(s) (e.g., recreation, laundry, etc.), if applicable
X
Location and size of recreation and open space areas and an indication of type of recreation facilities proposed for recreation area
X
Other Information
Any required permits by other town, county, state, or federal agencies or proof that permit applications have been submitted
X
X
Other information required by the Plan Commission or Administrator to demonstrate compliance with this chapter, including environmental studies, traffic impact studies or similar information
X
X
(9) Changes to approved site plans.
(a) Authority plan review. Any proposed change to an approved Level A site plan may be approved by the Administrator. The Administrator may refer approval of the proposed change to the Plan Commission.
(b) Minor changes. Minor changes to an approved Level B site plan may be approved by the Administrator without requiring a resubmittal to the Plan Commission. The applicant must notify the Administrator of any proposed amendment prior to making the change on the site. The Administrator determines if the proposed amendment is a minor change: one consistent with the basic design and conditions of the original approval. Minor changes include:
1. Reduction in building size or increase in building size up to 5% of the total approved floor area;
2. Movement of buildings or other structures by no more than ten feet;
3. Replacement of plant material specified in the landscape plan with comparable materials of an equal or greater size;
4. Changes in building materials to a comparable or higher quality;
5. Changes required or requested by county, state, or federal regulatory agencies to conform with other laws or regulations;
6. Other minor changes determined by the Administrator to be consistent with the approved plan and the uses included in the plan.
(c) Plan Commission review. Modifications other than minor changes require review and approval of the Plan Commission.
(H) Special exception.
(3) Application procedures.
(a) Application. Applications must be filed according to the schedule of meeting and filing deadlines in the format specified by the Department. An applicant submits a completed application to the Administrator on forms provided by the Department with the filing fee and the required supporting information. The Administrator establishes the number of copies of complete applications and supporting documentation required to be filed.
(b) Action by the Administrator. Within five business days of the application submittal, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Applications determined complete are docketed for a hearing by the BZA.
(c) Investigation of application. At the Administrator's discretion, the Technical Advisory Committee may review an application for special exception prior to the BZA's consideration.
(4) Public notice. Notification for the scheduled public hearing regarding the special exception request must be completed consistent with the schedule of meeting and filing dates and the BZA's Rules of Procedure.
(5) Public hearing. At a regularly scheduled meeting, the BZA reviews the special exception application and supporting information.
(a) Representation. The applicant or applicant's representative must be present at the meeting to present the application.
(b) Testimony. At the meeting, the BZA considers a report from the Administrator and testimony from the applicant, remonstrators, the public, and interested parties at the hearing.
(c) Procedures. The conduct of the hearing follows the BZA's Rules of Procedure.
(6) Decision criteria. The BZA may approve a special exception upon a determination that the proposed use:
(a) Is consistent with the vision, goals, and objectives of the Comprehensive Plan;
(b) Complies with the requirements of this chapter;
(c) Is compatible with the character of the general vicinity;
(d) Can be adequately served by essential public facilities and services, such as streets, police and fire protection, drainage systems, refuse disposal, water and sewers, and schools;
(e) Does not create circumstances detrimental to people, property, or the general welfare by producing excessive traffic, noise, smoke, fumes, glare, odor, or other conditions incompatible with the uses permitted in the zoning district; and
(f) Allows orderly development of the surrounding property for uses permitted in the district.
(7) BZA action. Following the public hearing, the BZA may approve, approve with conditions, deny, or continue the application. The application may be continued by the BZA based on a request by the Administrator, applicant, remonstrator, or interested party; an indecisive vote, or a determination by the BZA that additional information is required prior to acting on the request. The continuing of applications and any potential additional legal notice must be consistent with the BZA's Rules and Procedure.
(8) Commitments. The BZA may require the property owner to make written commitments concerning the use or development of the property (see division (D)).
(9) Conditions of approval. Reasonable conditions may be imposed on the approval of a special exception use to protect the public health, safety, and general welfare, ensure adequate public services can be provided, enhance compatibility with adjacent conforming land uses or activities, and protect natural resources.
(10) No presumption of approval. The listing of a special exception on the Permitted Use Table does not constitute a presumption of approval. Each special exception is evaluated on an individual basis regarding compliance with the standards and whether the use is appropriate at the location and in the manner proposed.
(11) Resubmittal of special exception application. A special exception application denied by the BZA cannot be resubmitted for 12 months from the date of the denial, except when new evidence or information regarding changing circumstances or other relevant factors is submitted that might alter the decision. The Administrator determines if the new information constitutes a substantive change.
(12) Limitations of approval. Approval only authorizes the special exception use at the premises where the approval was granted. It is not conditioned upon the property owner or operator of the approved use.
(13) Effect of approval. The approval of a special exception does not authorize the development, construction, alteration, or moving of any building or structure. The approval authorizes the filing and processing of applications for permits or approvals required, such as approval of a site plan, improvement location permit, building permit, and certificate of occupancy.
(14) Existing use. An existing use listed as a special exception located in a zoning district where such special exception may be permitted is a conforming use if the use meets the minimum lot area requirements of the zoning district. Any expansion of the special exception involving the enlargement of buildings, structures, and land area is subject to the requirements and procedures described in this chapter.
(15) Expiration. Approval of a special exception use expires 36 months after it is granted unless construction is complete, or commencement of the use has occurred. Prior to the expiration of the initial approval, the applicant may request in writing to the Administrator an extension of the approval period. The BZA may extend the approval 12 months or more upon finding there are no new conditions requiring reconsideration of the special exception use.
(I) Variances.
(1) Application procedures. The applicant files:
(a) A variance application;
(b) Property owner consent if the applicant is someone other than the property owner;
(c) The applicable filing fee;
(d) A site plan drawn to scale showing the layout of the property and all features relevant to the request;
(e) A statement of intent describing the details of the variance being requested and stating how the request is consistent with the decision criteria and proposed findings of fact. The statement should include any written commitments being made by the applicant; and
(f) A copy of the most current property deed.
(2) Action by the Administrator. Within five business days of the application submittal, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Applications determined complete are docketed for a hearing by the BZA.
(3) Public notice. Notification for the scheduled public hearing regarding the variance request must be completed consistent with the schedule of meeting and filing dates and the BZA's Rules of Procedure.
(4) Public hearing. At a public hearing scheduled consistent with the schedule of meeting and filing dates, the BZA reviews the variance application and required supporting information.
(a) Representation. The applicant and/or applicant's representative must be present at the public hearing to present the complete application and address the decision criteria.
(b) Testimony. The BZA will consider a report from the Administrator and testimony from the applicant, remonstrators, the public, and interested parties at the hearing.
(c) Procedures. The presentation of reports and testimony and all other aspects of the public hearing must be consistent with the BZA's Rules of Procedure.
(5) Decision criteria. In acting on all variance requests, the BZA must use decision criteria to approve or deny variances consistent with the requirements of Indiana Code:
(a) Variances of use. A variance of land use may be approved upon determining:
1. The use will not be injurious to the public health, safety, morals, and general welfare of the community;
2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
3. The need for the variance arises from some condition particular to the property involved;
4. The strict application of the terms of the ordinance will constitute an unnecessary hardship if applied to the property;
5. The use does not interfere substantially with the Comprehensive Plan.
(b) Variances of development standards. A variance of development standard may be approved only upon determining:
1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community.
2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner.
3. The strict application of the terms of the ordinance will result in practical difficulties in the use of the property.
(6) BZA action. The BZA may approve, approve with conditions, deny, or continue the application according to I.C. 36-7-4-918.4 and 36-7-4-918.5. The BZA will not consider an application that is substantially similar to a variance application denied within the prior 12 months. The application may be continued by the BZA based on a request by the Administrator, applicant, remonstrator, or interested party; an indecisive vote; or a determination by the BZA that additional information is required prior to action being taken on the request. The continuing of all applications and any potential additional legal notice must be consistent with the BZA's Rules of Procedure.
(7) Commitments. The BZA may require the property owner to make written commitments concerning the use or development of the property (see division (D)).
(8) Effect of approval. Approval of a variance does not authorize the development, construction, alteration or moving of any building or structure. The approval authorizes the filing and processing of applications for permits or approvals required, such as approval of a site plan, improvement location permit, building permit, and certificate of occupancy.
(9) Acknowledgment of variance. Approval of a variance must be recorded in an acknowledgement of variance instrument prepared by the Administrator. The instrument must specify the granted variance and any commitments made or conditions imposed in granting of the variance. The applicant must record the instrument in the Office of the Recorder of Johnson County, Indiana, within 14 days of the variance approval. The applicant must return a copy of the recorded instrument to the Department within 14 days of recording. New applications for approvals or permits for the property will not be processed until a copy of the recorded instrument is provided to the Department.
(10) Compliance and violations. A permit will not be issued unless it complies with an approved variance, conditions of approval, and commitments. Violations of an approved variance, conditions of approval, and commitments are subject to enforcement procedures.
(J) Waiver of subdivision standards. In connection with a site plan, primary plat, or secondary plat, the Plan Commission may approve a request for a waiver of the provisions in §§ 154.160 to 154.163 if the intent and purpose of the design standards benefit from an alternative proposal while upholding the intent and purpose of this chapter (see § 154.145).
(K) Waiver of development standards.
(1) In connection with a site plan, primary plat, or secondary plat, a request for a waiver of the dimensional and quantitative standards of up to 35% for the provisions in §§ 154.030 to 154.042, 154.090 to 154.100, and 154.110 to 154.113 may be approved consistent with the following requirements:
(a) The proposal does not create conditions detrimental to the public health, safety, and welfare;
(b) The proposal is harmonious with the purpose and intent of the zoning district where the project is located;
(c) The proposal enhances the overall site plan, preliminary plat, or final plat, the abutting streetscapes and neighborhoods, and the surrounding area;
(d) The proposal does not produce a site design that is impractical or detracts from the appearance of the proposed development and the surrounding area;
(e) The proposal provides improved site design characteristics such as increased pedestrian connections, enhanced landscaping, tree preservation, or public art.
(2) A waiver request form for each waiver sought must be included in the application. For items where final approval has been delegated to staff, the Administrator has the authority to grant wavers. In all other circumstances, the Plan Commission may grant the waiver after a public hearing.
(3) In granting the waiver, the Plan Commission or Administrator may impose conditions necessary to secure the purposes of this article. The applicant retains the right to petition the Board of Zoning Appeals for a variance from development standards (see division (I)).
(L) Zoning map amendments (rezones).
(1) Application procedures. Proposals to amend the zoning map may be initiated by the Plan Commission, the Town Council, or through an application signed by property owners of at least 50% of the land involved.
(a) Legislative body initiation. The Administrator prepares the application for Zoning Map amendment if the Plan Commission or Town Council initiates the application. The Administrator serves as the representative of the applicant for such proposals.
(b) Property owner initiation. Property owners requesting a zoning map amendment are the applicants and are responsible for preparing the application.
(c) Pre-filing conference. A pre-filing conference with the Administrator is required prior to filing an application. The applicant is encouraged to incorporate the Administrator's comments into the application before filing.
(d) Filing deadline. Applications are filed according to the schedule of meeting and filing deadlines in the format specified by the Department.
(e) Forms of filing. The applicant submits a completed application to the Administrator on forms provided by the Department with supporting information and the application fee. The Administrator establishes the number of copies of the application required for filing.
(f) Application requirements for property owner initiated applications.
1. If an application is filed by a property owner's authorized agent, a consent form signed by the property owner must accompany the application;
2. A copy of the most current property deed;
3. A list obtained from the Town GIS Department of adjoining property owners required to be served public notice according to the Plan Commission Rules of Procedure;
4. Supporting information.
a. A conceptual site plan showing all features relevant to the application;
b. A vicinity map showing the use and zoning of all properties within 500 feet of the proposed zoning map amendment;
c. A narrative stating the reasons for the zoning change, including a detailed description of any proposed development. The narrative should include any written commitments made by the applicant.
(2) Action by the Administrator. Within five business days of the application submittal, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Applications determined complete are docketed for a hearing by the Plan Commission.
(3) Public notice. Notification for the public hearing must be completed consistent with the requirements of the Plan Commission's Rules of Procedure.
(4) Plan Commission public hearing. At a public hearing, the Plan Commission reviews the application and supporting information.
(a) Representation. The applicant and/or any representative of the applicant must be present at the public hearing to present the application and address any Plan Commission questions.
(b) Testimony. The Plan Commission considers a report from the Administrator and testimony from the applicant, remonstrators, the public, and interested parties at the hearing.
(c) Procedures. The conduct of the public hearing follows the requirements of the Plan Commission's Rules and Procedure.
(5) Decision criteria. In reviewing the change of zoning application, the Plan Commission and Town Council consider:
(a) The Comprehensive Plan;
(b) Current conditions and the character of current structures and uses in each district;
(c) The most desirable use for which the land in each district is adapted;
(d) The conservation of property values throughout the jurisdiction; and
(e) Responsible development and growth.
(6) Plan Commission action. Following the public hearing, the Plan Commission may either forward the application to the Town Council with a favorable recommendation, an unfavorable recommendation, or no recommendation according to Indiana Code; or continue the request to a subsequent Plan Commission meeting. The application may be continued by the Plan Commission based on a request by the Administrator, applicant, remonstrator, or interested party; an indecisive vote, or a determination by the Plan Commission that additional information is required prior to acting on the request. The continuing of applications and any potential additional legal notice must be consistent with the Plan Commission's Rules and Procedure.
(7) Commitments. The Plan Commission may require the property owner to make written commitments concerning the use or development of the property (see division (D).)
(8) Certification. The Plan Commission certifies its recommendation to the Town Council according to Indiana Code. The Administrator forwards the Plan Commission certification, the application and supporting information, any Department reports regarding the application, and an ordinance to the Town Council for consideration.
(9) Town Council action. The Town Council reviews the rezoning application and materials forwarded from the Plan Commission and may either approve or deny the ordinance. If the Town Council fails to act within 90 days of the Plan Commission's certification, and the applicant has not otherwise withdrawn the request or requested additional consideration by the Plan Commission, the rezone ordinance becomes effective or be defeated with the provisions of I.C. 36-7-4-608. The Town Council may also seek modifications or additions to any written commitments permitted by this subchapter.
(M) Zoning text amendments.
(1) Application procedures. Applications are filed according to the schedule of meeting and filing deadlines. Proposals to amend the text of this chapter may be initiated by the Plan Commission or submitted to the Plan Commission by the Town Council. The Administrator prepares the amendment application and serves as the representative of the applicant.
(2) Action by the Administrator. Within five business days of the application submittal, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Applications determined complete are docketed for a hearing by the Plan Commission.
(3) Public notice. Notification for the public hearing must be completed consistent with the requirements of the Plan Commission's Rules of Procedure.
(4) Plan Commission public hearing. At a public hearing, the Plan Commission reviews the application and supporting information.
(a) Representation. At the public hearing the Administrator presents the application and addresses any Plan Commission questions.
(b) Testimony. The Plan Commission considers a report from the Administrator and testimony from the applicant, remonstrators, the public, and interested parties at the hearing.
(c) Procedures. The conduct of the public hearing follows the requirements of the Plan Commission's Rules and Procedure.
(5) Decision criteria. In reviewing the proposed request, the Plan Commission and Town Council consider:
(a) The Comprehensive Plan;
(b) Current conditions and the character of current structures and uses in each district;
(c) The most desirable use for which the land in each district is adapted;
(d) The conservation of property values throughout the jurisdiction; and
(e) Responsible development and growth.
(6) Plan Commission action. Following the public hearing, the Plan Commission may either forward the application to the Town Council with a favorable recommendation, an unfavorable recommendation, or no recommendation according to Indiana Code; or continue the request to a subsequent Plan Commission meeting. The application may be continued by the Plan Commission based on a request by the Administrator, applicant, remonstrator, or interested party; an indecisive vote, or a determination by the Plan Commission that additional information is required prior to taking action on the request. The continuing of applications and any potential additional legal notice must be consistent with the Plan Commission's Rules and Procedure.
(7) Certification. The Plan Commission certifies its recommendation to the Town Council according to Indiana Code. The Administrator forwards the Plan Commission certification, the application and supporting information, any Department reports regarding the application, and an ordinance to the Town Council for consideration.
(8) Town Council action. The Town Council reviews the application and materials forwarded from the Plan Commission and may either approve or deny the ordinance. If the Town Council fails to act within 90 days of the Plan Commission's certification, the ordinance becomes effective or be defeated with the provisions of I.C. 36-7-4-607.
(N) Certificate of compliance.
(1) Purpose. A certificate of compliance ("CofC") serves as written confirmation by the town that a property or use complies with this chapter.
(2) Applicability. An application for a CofC may be filed according to this article. A CofC may: (i) be required by this chapter; (ii) serve as written confirmation by the town that a property or use complies with this chapter; or (iii) serve as a written verification of a property's zoning. The Administrator may provide a CofC for:
(a) A change in use (e.g., change from residential to commercial use);
(b) Exterior building or site improvements that would not otherwise require an improvement location permit or site plan approval;
(c) Conditions of approval associated with an approval of the BZA, Plan Commission or Town Council;
(d) Other similar circumstances as may be determined by the Administrator.
(3) Application procedures. An applicant submits a detailed written request to the Administrator with supporting information. Within ten days, applications, requests, plans, and specifications filed by an applicant must be checked by the Administrator for compliance with this chapter. If the Administrator is satisfied that the property, plans, and information provided in the application conforms to the requirements of this chapter and other applicable laws and ordinances, the Administrator issues a certificate of compliance to the applicant.
(4) Effect. A CofC does not authorize the establishment of a use nor the development, construction, alteration, or moving of any building or a structure. A CofC certifies compliance of an existing property, use and/or improvements made according to an approved permit on the date issued. The filing and processing of applications for any permits and approvals may be required by this chapter and other town ordinances including, a building permit, a certificate of occupancy, primary and secondary plats, or site plan approval, for proposed improvements or uses.
(5) Limitations. A CofC is limited only to the circumstance for which it was issued and at the time it was issued. The CofC does not authorize any allegedly similar circumstance requiring a separate review or certificate or a change in circumstances, unless otherwise provided for in the CofC.
(6) Records of certificate of compliance. Every CofC issued according to this article is kept on file in the office of the Department. Copies are provided upon request to anyone having a proprietary or tenancy interest in the building or land affected.
(Ord. 2022-17, passed 7-19-2022)
§ 154.181 PERMITS.
(A) Certificate of occupancy. No building or structure erected or altered after the date of adoption of this chapter can be occupied or used unless a certificate of occupancy has been issued for that building or structure upon completion of construction. A certificate of occupancy constitutes certification that the building, structure, use, parking, landscaping, and all other required improvements fully comply with the provisions of the ordinance and any conditions imposed on the approval.
(B) Improvement location permit. An improvement location permit issued by the Administrator is required prior to beginning construction on structures or establishing a use on any land.
(1) Except for variances approved by the Board of Zoning Appeals or an order of a court, an improvement location permit will not be issued for the erection, alteration, or use of any building or structure, or for the use of any land unless it complies with all provisions of this chapter and any conditions of approval imposed on the building, structure, or use. Within five business days of the permit application, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Within ten business days of the permit application, the Administrator will issue a permit for applications meeting the permit requirements or notify the applicant of the areas where the permit application does not comply with the permit requirements.
(2) A record of all improvement location permits is kept on file in the office of the Administrator.
(3) Vacant land cannot be used, and existing uses of land or buildings cannot be changed to a different class of use, unless an improvement location permit is first obtained for the new or changed use. Uses resulting in an increase in parking spaces require an improvement location permit.
(C) Short-term rental permits.
(1) Cross-reference. See § 154.071 for short-term rental standards.
(2) Application. Applications for a short-term rental permit are made by the property owner on forms published by the Department and include appropriate filing fees and documentation. An owner must submit a separate permit application for each property requiring a permit.
(3) Supporting documentation. Applications must be accompanied by the following information. The Administrator may waive or relax any of the requirements listed deemed irrelevant or unnecessary for a thorough review of the application.
(a) The owner's name, street address, mailing address, email address, and telephone number. If the owner is a corporation or partnership, the owner's state of incorporation or organization, proof of good standing, and the owner's names, the addresses of the short-term rental(s), and the telephone numbers of the owner's principal officers or partners.
(b) If a property manager is used, the property manager's name, street address, mailing address, email address, and telephone number.
(c) A short description of how each of the owner's short-term rentals on the property are marketed or advertised including the advertised occupancy limits and whether the short-term rental is a single-family home or a dwelling unit within a single-family home, multi-family dwelling, condominium, cooperative, or time share.
(4) Permit issuance. Within five business days of the permit application, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Within 20 business days of the permit application, the Administrator will issue a permit for applications meeting the permit requirements or notify the applicant of the areas where the permit application does not comply with the permit requirements.
(5) Permit duration. A short-term rental permit expires one year after the date it is issued.
(6) Permit fee. A nonrefundable fee described in the fee schedule adopted by the Town Council must accompany each short-term rental permit application.
(7) Permit transferability. If an owner sells all or part of a permitted property, the short-term rental permit is not transferable to the new owner.
(8) Permit violation. Each short-term rental transaction completed without a short-term rental permit constitutes a separate violation.
(9) Permit revocation. If three or more citations for ordinance violations are issued to an owner for a permitted property within a calendar year, the Administrator may revoke the short-term rental permit for up to one year after the date the permit is revoked. An owner may apply for a short-term rental permit when the revocation period has ended and all outstanding fines for ordinance violations are paid.
(D) Sign permit and applications.
(1) Permits required. Except as otherwise provided in this chapter, it is unlawful for any person to erect, construct, enlarge, move, or convert any sign without first obtaining a sign permit from the administrator.
(2) Application. Application for a permit is made to the Administrator on forms provided by the Department with permit application fee and required information to assure compliance with this chapter. Within five business days of the permit application, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Within ten business days of the permit application, the Administrator will issue a permit for applications meeting the permit requirements or notify the applicant of the areas where the permit application does not comply with the permit requirements.
(3) Effect of sign permit issuance. Permits issued in accordance with this chapter do not authorize unlawful signs.
(4) Nullification. A sign permit becomes null and void and the permit fee forfeited if the authorized work has not been completed six months of the date the permit was issued.
(5) Fee waiver. Service and charitable organizations, legally established as tax exempt not-for-profit entities, are only required to pay one annual permit fee for the use of portable temporary signs.
(E) Temporary use and events permits.
(1) Application. Applications for a temporary use and/or event permit, according to § 154.075, must be made in writing on forms provided by the Department at least 30 days prior to the scheduled event. Within five business days of the permit application, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Within ten business days of the permit application, the Administrator will issue a permit for applications meeting the permit requirements or notify the applicant of the areas where the permit application does not comply with the permit requirements.
(2) Supporting documentation. Applications must include (i) a written statement describing the requested use, operations plan, traffic control, and the proposed period and (ii) a sketch plan showing the locations of proposed activity areas in relation to property lines and existing buildings and structures, pedestrian and vehicular circulation on the site, and parking facilities.
(a) If a permit for encroaching into any right-of-way is required, a copy of the encroachment request must be submitted with the temporary use/event permit application.
(b) If alcohol is sold or consumed, then proof of appropriate permits from the State of Indiana, Alcohol and Tobacco Commission is required. If cooking or eating is involved in a temporary event, outdoor cafe, or some other eating area, then proof of review and approval from the County Health Department must be required with the application.
(3) Temporary uses and events must also comply with the town's special event policy.
(Ord. 2022-17, passed 7-19-2022)
§ 154.182 ADMINISTRATION.
(A) General administration. The decision-making bodies and officials identified in this chapter have the responsibility for implementing and administering this chapter.
(1) Meeting schedule. The Administrator maintains an annual schedule of meeting and filing dates for the Technical Advisory Committee, Plan Commission, and BZA. Modifications of filing dates are considered if determined reasonable by the Administrator. The existence of this calendar does not prohibit special meetings or changes of meeting dates by the Technical Advisory Committee, Plan Commission, or BZA. The schedule of meeting and filing dates must be made available in the office of the Department.
(2) Fee Schedule. Filing fees for applications and petitions are set forth in the fee schedule. The fee schedule is established by resolution of the Council. Copies of the Fee Schedule are available in the office of the Department.
(B) Board of Zoning Appeals. The Bargersville Board of Zoning Appeals, established according to I.C. 36-7-4-900 et seq. has the powers and duties described below:
(1) To approve, approve with modifications, or deny any application for a variance from the development standards of this chapter;
(2) To approve, approve with modifications, or deny any application for a use variance;
(3) To grant, grant with modifications, or deny any application for a special exception;
(4) To hear and decide an appeal from any order, requirement, decision, or determination made by the Administrator or staff in the administration or enforcement of this chapter;
(5) To hear and decide an appeal from any order, requirement, decision, or determination made by any administrative board, other than the Plan Commission, in the administration or enforcement of this chapter;
(6) To enforce the provisions of this chapter;
(7) To adopt Rules of Procedure for the administration of the BZA's duties.
(C) Floodplain Administrator.
(1) Floodplain Administrator. The Director and/or designated staff of the Department, is designated as the Floodplain Administrator.
(2) Authority. The Floodplain Administrator is authorized and directed to enforce and implement the provisions of the floodplain regulations.
(3) Duties. The Floodplain Administer will, in connection with the implementation of this chapter and in accordance with Indiana law:
(a) Review floodplain development permits to assure the permit requirements of this chapter have been satisfied;
(b) Inspect and inventory damaged structures in the special flood hazard area (SFHA) and complete substantial damage determinations;
(c) Ensure that required construction authorization has been granted by the Indiana Department of Natural Resources for development subject to the Flood Plain Regulations;
(d) Ensure that all necessary federal or state permits have been received prior to issuance of an improvement location permit;
(e) Maintain improvement location permit records involving building additions and improvements to residences located in the floodway;
(f) Maintain related permits and information for buildings constructed subject the flood plain regulations;
(g) Utilize and enforce map revisions issued by the Federal Emergency Management Agency (FEMA) for the currently effective SFHA maps;
(h) Review certified plans and specifications for compliance;
(i) Verify required certifications of the actual elevation of the lowest floor for new or substantially improved buildings;
(j) Verify required certifications of the actual elevation of the floodproofing for any new or substantially improved buildings;
(k) Notify adjacent communities and the state's floodplain coordinator prior to any alteration or relocation of a watercourse and submit copies of the notifications to the Federal Emergency Management Agency;
(l) Assure that maintenance is provided within the altered or relocated portion of the altered watercourse, so the flood-carrying capacity is not diminished.
(D) Plan Commission. The Bargersville Plan Commission, being previously established according to I.C. 36-7-4-200 et seq. has the following powers and duties in connection with the implementation of this chapter.
(1) To initiate amendments to the text of this chapter and to the zoning map according to the procedures and standards for amendments set forth in § 154.180(L) and (M);
(2) To review all proposed amendments to this chapter and make recommendations to the Town Council according to the procedures and standards for amendments set forth in § 154.180(L) and(M);
(3) To review all planned unit development petitions and make recommendations to the Town Council for the adoption of the petitions according to the procedures and standards for planned unit developments set forth in § 154.180(F);
(4) To render final decision regarding secondary review of all planned unit development petitions according to the procedures and standards for planned unit development set forth in § 154.180(F);
(5) To initiate amendments to the Bargersville Thoroughfare Plan, to adopt, reject, or amend proposals to amend or partially repeal the text of the Bargersville Thoroughfare Plan, and to make recommendations on such matters to the Bargersville Town Council;
(6) To review, approve, approve with modifications, or deny all subdivision applications according to the procedures and standards for subdivision approval set forth in the §§ 154.130 to 154.163;
(7) To approve, approve with modifications, or deny all applications for waivers from the subdivision regulations, according to the procedures and standards for plat approval set forth in §§ 154.130 to 154.163;
(8) To approve, approve with modifications, or deny all site plans according to the procedures and standards for site plans set forth in § 154.180(G);
(9) To supervise and adopt rules for the administration of the affairs of the Plan Commission;
(10) To record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the Plan Commission;
(11) To prepare, publish, and distribute reports, ordinances, and other material related to the Plan Commission activities as authorized by law or this chapter;
(12) To exercise all powers conferred on it by law, local ordinance or rule including to invoke any legal, equitable, or special remedy for the enforcement of state planning and zoning laws or this chapter.
(E) Director of Development.
(1) Administrative Officer. It is the duty of the Director of the Department of Development (the "Director") to enforce and implement the provisions of this chapter, receive applications required by this chapter, issue permits, and furnish the prescribed certificates.
(2) Duties. The Director and/or the Director's designees, in connection with the implementation of this chapter and in accordance with Indiana law, will:
(a) Maintain a Council approved Comprehensive Plan and the Unified Development Ordinance, as authorized under Indiana law;
(b) Maintain rules of procedures for holding meetings, holding public hearings, and enforcing the Comprehensive Plan and the Unified Development Ordinance;
(c) Maintain complete records of all meetings, hearings, correspondences, and affairs of the Plan Commission and BZA;
(d) Publish and make available to the public all plans, ordinances, and other related material that are the responsibility of the Plan Commission and BZA. All such records must be open to public inspection during the Department's normal hours of business;
(e) Maintain a permitting process and seal used to certify official or approved documents. Keep careful and comprehensive records of applications, permits issued, certificates issued, inspections made, reports rendered, and of notices or orders issued. Retain on file copies of all documents in connection with building work if any part of the structure to which they relate remains existence;
(f) Examine premises for which permits have been issued and make necessary inspections to see that the provisions of the law are within compliance;
(g) Enforce laws relating to the construction, alteration, use, occupancy, location, and maintenance of structures and land, except as may be otherwise provided for in local or Indiana law;
(h) Issue notices or orders necessary for enforcing compliance with the laws or preventing a violation of provisions of this chapter;
(i) Determine the appropriate categories of land uses not specifically listed on the Permitted Uses Table;
(j) Render interpretations of the provisions of this chapter;
(k) Approve or deny sign permit applications;
(l) Review applications for improvement location permits for compliance with the standards of this chapter;
(m) Issue improvement location permits for special exceptions after approval by the Board;
(n) Other duties set forth here or that may be delegated by the Plan Commission, BZA, or Council.
(F) Technical Advisory Committee. The Technical Advisory Committee is hereby created and vested with the review authority set forth below in connection with the implementation of this chapter:
(1) Membership. The Technical Advisory Committee is comprised of the following members.
(a) Bargersville Zoning Administrator;
(b) Bargersville Building Commissioner;
(c) Bargersville Director of Public Works;
(d) Bargersville Community Fire Department Fire Marshal;
(e) The Administrator may also invite representatives of the Bargersville Police Department, the School Corporation, representatives of the major utility companies, representatives of Plan Commission appointed committees, and representatives of Johnson County for applications or as necessity demands.
(2) Review authority.
(a) To review and evaluate applications for waivers and make recommendations to the Plan Commission, according to the procedures and standards for waivers set forth in the subdivision regulations.
(b) To review and evaluate all site plans, and make recommendations to the Plan Commission, according to the procedures and standards for site plan review set forth in § 154.180(G).
(c) To take such other actions as delegated by the Plan Commission that may be desirable and necessary to implement the provisions of this chapter.
(G) Town Council. The Town Council has the following powers and duties connected to the implementation of this chapter.
(1) As certified by the Plan Commission to approve, reject, or amend all or part of the Comprehensive Plan.
(2) To initiate amendments to this chapter and to adopt, reject, or amend proposals to amend or partially repeal the text of this chapter as set forth in § 154.180(M).
(3) To adopt, reject, or amend proposals to amend the zoning map according to the procedures and standards for amendments set forth in § 154.180(L).
(4) To adopt, reject, or amend a Planned Unit Development Ordinance according to the procedures and standards for amendments set forth in § 154.180(F).
(5) To approve, approve with modifications, or deny all applications for waivers from the Construction Standards, according to the procedures and standards set forth in § 154.145.
(6) To take such other actions not exclusively delegated to other bodies, which may be desirable and necessary to implement the provisions of this chapter.
(H) Zoning Administrator.
(1) Zoning Administrator. The Director and/or designated staff of the Department, is designated as the Zoning Administrator.
(2) Authority. The Zoning Administrator is authorized and directed to enforce and implement the provisions of this chapter.
(3) Duties. The Zoning Administer will, in connection with the implementation of this chapter and in accordance with Indiana law:
(a) Determine the appropriate categories of land uses not specifically listed on the Permitted Uses Table;
(b) Determine if a proposed home occupation use is compatible as a home occupation;
(c) Approve or deny sign permit applications;
(d) Review applications for improvement location permits for compliance with the performance standards of this chapter;
(e) Issue improvement location permits for special exceptions after approval of the BZA;
(f) Inspect properties for compliance with the provisions of this chapter;
(g) Take enforcement actions to bring violations into compliance with the requirements of this chapter, including investigating complaints, issuing stop work orders, and revoking sign permits.
(Ord. 2022-17, passed 7-19-2022)
§ 154.183 ENFORCEMENT.
(A) Enforcement authority. The Town of Bargersville, including the Director, Council, Plan Commission, BZA, Building Commissioner, Fire Marshal, and their delegates are designated to enforce the provisions, regulations, and intent of this chapter, according to I.C. 36-7-4-100 et seq., as amended.
(B) Violation.
(1) Violation of any of the provisions of this chapter is considered a common nuisance and may be abated as nuisances are abated under existing law. Violations may include, but are not limited to:
(a) The erection, demolition, or conversion of any structure, building, or sign without the required approvals;
(b) The use of any land or premises used in violation of any provisions of this chapter; or
(c) Failure to comply with any condition, requirement, or commitment established with the approval of a variance, special exception, site plan, planned unit development, certificate of compliance, or other development approval under this chapter.
(2) Any person who violates or resists the enforcement of any provisions of this chapter is subject to judgment for each offense. Each day a violation exists constitutes a separate offense. A violation exists until corrected. Correction may include:
(a) Stopping an unlawful practice;
(b) Removal of a building, structure, or improvement;
(c) Faithful or otherwise-approved restoration or replacement of a building, structure, site or natural feature;
(d) Any other remedy specified in this chapter; and/or
(e) Other remedy acceptable to the town.
(3) The owner of property violating this chapter is responsible for all enforcement costs related to the violation. This includes costs of any remedy, fines, and enforcement costs (including reasonable attorney's fees, hours worked, photocopying charges, mileage, and other costs incurred directly or indirectly by the town). The respondent only pays for enforcement costs clearly relating to the violation. In all instances, the amount paid by the respondent is determined by a court of jurisdiction or through a compromise agreement between the parties involved.
(C) Enforcement options.
(1) Options for enforcement. The town has the following options to enforce the provisions of this chapter:
(a) Issue a notice to correct violations. The notice to correct may be sent to the owner, tenant, or occupant who commits a violation of this chapter. It may be issued through personal service, First Class U.S. Mail, or by placement of the notice in a conspicuous place on the property. A notice to correct informs the violator of:
1. Date of the notice to correct;
2. Date and place the violation was observed;
3. Name and address of the property owner or responsible party;
4. Section number in violation;
5. The nature of the violation;
6. Name, business address, phone number, and email of the person issuing the notice;
7. Action necessary to correct the violation;
8. Actions available to the town to remedy violations; and
9. That a notice of correction serves as the only notice of civil violation, and no further notice will be required by the town.
(b) Issue a stop work order under division (E).
(c) Enter onto property and take action to bring that property into compliance with this chapter, according to I.C. 36-1-6-2 and divisions (F) or (G) of this section.
(d) Initiate enforcement through an administrative proceeding before the BZA, according to I.C. 36-1-6-9 and division (G) of this section.
(e) To bring a civil action in any court having jurisdiction, according to I.C. 34-28-5-1 and division (H) of this section.
(2) Exercise of options. The town's exercise of the options specified in this section, including the imposition of any penalties for an ordinance violation, are not prerequisites for taking any other action against an alleged violator of this chapter, nor do they prohibit the town from taking any further action.
(3) Warnings. Before exercising any of the town's options under this section, the Administrator may issue a warning to a person alleged to be in violation of this chapter and give the person at least ten days but not more than 60 days to remedy the alleged violation.
(D) Penalties.
(1) Maximum penalties. The maximum civil penalty for the first violation of a provision of this chapter is a fine of $2,500. The maximum civil penalty for the second or subsequent violation of a provision of this chapter (other than a provision that regulates parking) is a fine of $7,500.
(2) Subsequent violations. The penalties listed above for subsequent violations apply whenever the responsible party commits an additional violation of the same provision within 12 months of the first violation, regardless of whether the additional violation is on the same property as the first violation.
(E) Stop work orders.
(1) Occurrence of violation. If the Administrator finds that a violation is occurring or has occurred on a construction site, the Administrator may place a stop work order on any land/property improvement process.
(2) Procedure. Stop work orders must be a written letter stating the nature of the violation and requiring the work and any other illegal activity to stop immediately until the matter is resolved. If someone other than the property owner occupies the property, a copy of the stop work order must be provided to the occupant. This letter must be posted in a conspicuous place and be delivered or mailed to the property owner.
(3) Reasons. Reasons for a stop work order may include:
(a) Not complying with any element of the development standards or any regulation of the Ordinance;
(b) Not obtaining a permit or approval prior to the construction or installation of any improvement requiring a permit or approval by this chapter;
(c) Not completing structures or other site improvements consistent with any approved improvement location permit, variance, special exception, site plan, or other approval;
(d) Not meeting the commitments imposed upon the approval of a special exception, variance, rezoning, site plan, subdivision plat, or other approval, whether recorded or not;
(e) Not meeting the conditions of a PUD ordinance or other rezoning, or any written commitment imposed upon an approval, whether recorded or not;
(f) Illegal use or expansion of use of structures, or structures and land in combination.
(4) Appeals. Any stop work order may be appealed to the BZA. Upon the resolution of the violations to the satisfaction of the Administrator or the BZA, the stop work order is lifted and construction activity may resume.
(F) Municipal action to enforce compliance.
(1) Entry into property. According to I.C. 36-1-6-2(a), if violation of a provision of this chapter exists on real property, the Administrator may have employees or contractors of the town enter the property and take appropriate action to bring the property into compliance with the ordinance.
(2) Notice requirement. Before the town takes action to bring a property into compliance, anyone holding a substantial interest in the property must be given at least ten days but not more than 60 days to bring the property into compliance. Notice must be served on such persons in person or by first class mail. In addition, continuous enforcement orders (as defined in I.C. 36-7-9-2) may be enforced, and liens may be assessed, without the need for additional notice.
(3) Expenses constitute a lien. Whenever the Administrator takes action to bring compliance under this section, the resulting expenses incurred by the town constitute a lien against the property. The lien attaches when notice of the lien is recorded in the office of the Johnson County Recorder. The lien is superior to all other liens except liens for taxes and does not exceed:
(a) Ten thousand dollars for real property that: (a) contains one or more occupied or unoccupied single or double family dwellings or the appurtenances or additions to those dwellings, or (b) is unimproved; or
(b) Twenty thousand dollars for all other real property not described in division (a).
(4) Issuance of bill to owner. According to I.C. 36-1-6-2(b), the Administrator may issue a bill to the owner of the real property for all expenses incurred by the town in bringing the property into compliance, including administrative costs and removal costs. According to I.C. 36-1-6-2(c), a bill issued under this section is delinquent if the owner of the property fails to pay the bill to the Clerk-Treasurer within 30 days after the bill is issued.
(5) Collection of fees and penalties. According to I.C. 36-1-6-2(d), the Clerk-Treasurer's office may prepare a list of delinquent fees and penalties enforceable under this section, including:
(a) The names of the owners of each lot or parcel of real property on which fees or penalties are delinquent;
(b) A description of the premises, as shown on the records of the Johnson County Auditor; and
(c) The amount of the delinquent fees or penalties.
(6) Preparation and recording of instrument. The Clerk-Treasurer's office may then prepare an instrument for each lot or parcel of real property on which fees or penalties are delinquent. The instrument is recorded with the Johnson County Recorder, who charges a recording fee under the fee schedule established in I.C. 36-7-2-10.
(7) Placement of lien on tax duplicate. According to I.C. 36-1-6-2(f), the amount of a lien is placed on the tax duplicate by the Johnson County Auditor. The total amount, including any accrued interest, is collected in the same manner as delinquent taxes are collected and is disbursed to the general fund of the town.
(8) Enforcement of lien against subsequent owner. According to I.C. 36-1-6-2(g), a fee is not enforceable as a lien against a subsequent owner of property unless the lien for the fee was recorded before conveyance to the subsequent owner. If the property is conveyed before the lien is recorded, the town must notify the person who owned the property at the time the fee became payable. The notice must inform the person that payment, including penalty fees for delinquencies, is due not later than 15 days after the date of the notice. If payment is not received within 180 days after the date of the notice, the amount may be considered a bad debt loss.
(9) Release of lien. According to I.C. 36-1-6-2(h), the town releases:
(a) Liens filed with the Johnson County Recorder after the recorded date of conveyance of the property; and
(b) Delinquent fees incurred by the seller;
upon receipt of a written demand from the purchaser or a representative of the title insurance company or agent that issued a title insurance policy to the purchaser. The demand must state that the delinquent fees were not incurred by the purchaser as a user, lessee, or previous owner and that the purchaser has not been paid by the seller for the delinquent fees.
(10) Removal of lien from tax duplicate. According to I.C. 36-1-6-2(i), the Johnson County Auditor removes the fees, penalties, and service charges that were not recorded before a recorded conveyance to a subsequent owner, upon receipt of a copy of the written demand under Subsection I.
(G) Correcting immediate public risk violations.
(1) General requirements. If a condition violating a provision of this chapter presents an immediate risk to public health, safety, or welfare or to property in the town, the Administrator may opt to have employees or contractors of the town enter the property and take immediate action to bring the property into compliance. The Administrator is not required to provide prior notice to the property owner or other person responsible for the violation.
(2) Immediate public risks. Immediate public risk violations may include:
(a) Obstructions. Signs, structures, landscaping, or other materials placed in an easement, sight visibility triangle, or rights-of-way in violation of this chapter;
(b) Distractions. Any sign, structure, landscaping, or other material located on private property that serves to distract or inhibit operators of motor vehicles on adjacent public ways, pedestrians, or other members of the public; and
(c) Other threats. Any other immediate threat to public welfare as determined by the Town Manager or the BZA, based upon the advice and recommendation of the Administrator.
(3) Seizure of materials. Any sign, structure, landscaping, or other material constituting an immediate public risk violation may be seized by the Administrator in a manner resulting in the least damage to the material or the property on which it is located. The town is not required to retain seized landscaping or other materials that are damaged, deteriorated, or in a condition preventing use for the purpose the product was intended or manufactured.
(4) Notice of violation. The Administrator provides notice to the owner of the property, as listed in the records of the Johnson County Auditor, where the violation was located, or any discernible appropriate owner of materials placed within a public way in violation of this chapter, by placing a notice in a conspicuous place on the property and mailing a letter to that property owner. All notice letters are sent to the property owner via certified mail within 24 hours of the seizure. Any notice posted on the property must be posted at the time the material is seized. The letter and posted notice must include:
(a) A description of the materials seized;
(b) A citation of the sections of this chapter that were violated and the characteristics of the violation that posed an immediate threat to public welfare;
(c) The address and phone number of the Administrator and the name of the person to be contacted by the property owner to discuss the violation and request the return of the seized items; and
(d) Instructions describing how, where, and when the seized items may be claimed.
(5) Storage and retrieval of seized materials. The Administrator stores any sign, structure, landscape materials or other items seized in a secure location for a period of no less than 30 days from the date notice was mailed to the property owner. The property owner may claim the seized property following its seizure upon the payment of the fine specified in division (D)(2) and the establishment of a memorandum of agreement between the property owner and Administrator regarding the future use of the item in a manner consistent with this chapter.
(6) Liability. Neither the Administrator, the town, nor any other official or entity involved in the seizure is liable for any damage to the seized materials or the property from which they were taken.
(H) Administrative enforcement.
(1) Provisions that restrict or prohibit actions harmful to the land, air, or water. According to I.C. 36-1-6-9, the town may opt to enforce any provision of this chapter that restricts or prohibits actions harmful to the land, air, or water, through an administrative proceeding before the BZA. The BZA must find that the violation has been proved by a preponderance of the evidence. Upon finding a violation, the BZA may assess a civil penalty within the limits set forth in division (D).
(2) Appeal to court. According to I.C. 36-1-6-9(e), a person who is assessed a civil penalty under this section may appeal the BZA's order imposing the penalty to the Johnson Circuit or Superior Court. An appeal under this section must be filed not more than 60 days after the date on which the BZA enters the order.
(3) Payment of civil penalty. Unless a person who is assessed a civil penalty under this section files an appeal, the person must pay the penalty to the town in a manner authorized by the Clerk-Treasurer. Whenever a person liable for a civil penalty under this section fails to deliver payment to the town within 75 days after the date on which the administrative body enters the order imposing the penalty, the Clerk-Treasurer reports the circumstances to the Administrator for the initiation of appropriate judicial proceedings against the person.
(4) Effect of administrative process. An ordinance violation processed under this section does not constitute a judgment for the purposes of I.C. 33-37. An ordinance violation costs fee may not be collected from the defendant under I.C. 33-37-4.
(Ord. 2022-17, passed 7-19-2022)
CHAPTER 155: RESERVED
CHAPTER 156: UNSAFE BUILDINGS CODE
Section
156.01 Short title
156.02 Purpose
156.03 Adoption of state law by reference
156.04 Definitions
156.05 Reliance upon administrative officers of the county and fire district
Cross-reference:
Building Code, see Chapter 151
§ 156.01 SHORT TITLE.
This chapter, and all ordinances supplemental or amendatory hereto, shall be known as the "Unsafe Buildings Code of the Town of Bargersviile, Indiana", may be cited as such, and will be referred to herein as "this chapter".
(Ord. 2013-23A, passed 8-27-2013)
§ 156.02 PURPOSE.
The purpose of this chapter is to provide for the protection of life, limb, health, property, public safety and welfare of citizens; the abatement of unsafe premises by repair, vacation, sealing or the removal of an unsafe building in or upon unsafe premises; and the extermination of vermin in or about unsafe premises.
(Ord. 2013-23A, passed 8-27-2013)
§ 156.03 ADOPTION OF STATE LAW BY REFERENCE.
I.C. 36-7-9-1 through 36-7-9-28, now existing or as hereafter amended, is adopted by reference as a part of this chapter.
(Ord. 2013-23A, passed 8-27-2013)
§ 156.04 DEFINITIONS.
The definitions in I.C. 36-7-9-1 through 36-7-9-28 are adopted by reference. Without limiting those definitions, they are supplemented as follows:
DEPARTMENT. The Office of the Town Manager of the Town of Bargersviile, Indiana.
ENFORCEMENT AUTHORITY. The Town Manager of the Town of Bargersviile, Indiana and/or the delegee of the Town Manager.
HEARING AUTHORITY. The person or persons designated as such by the Town Council of the town. Such designation(s) may be made by amendment(s) to this chapter and/or by resolutions) adopted from time to time.
SUBSTANTIAL PROPERTY INTEREST. Has the meaning set out in I.C. 36-7-9-2. Pursuant to I.C. 36-7-9-3, that definition is specifically incorporated by reference.
UNSAFE BUILDING and UNSAFE PREMISES.
(1) Have the meanings that are set out in I.C. 36-7-9-1 through 36-7-9-28. Further, and not in limitation of the meanings set forth in the Indiana Code, UNSAFE BUILDING and UNSAFE PREMISES include the following:
(2) Any building or premises which has any or all of the conditions or defects hereinafter described shall be deemed to be an unsafe building or premises, provided that the conditions or defects exist to the extent that life, limb, health, property, public safety or welfare are endangered and/or a nuisance, attractive nuisance or hazard to the public exists:
(a) Whenever the stress in any material, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed for any similar new building or premises, purpose or location;
(b) Whenever any portion, member or appurtenance thereof is likely to fail, to become detached or dislodged, or to collapse;
(c) Whenever any portion of a building or premises, or any member, appurtenance or ornamentation on the exterior thereof, is not of sufficient strength or stability or is not so anchored, attached or fastened in place so as to be capable or resisting a wind pressure of one-half of that specified for any similar new building or premises, purpose or location of that specified for any similar new building or premises, purpose or location without exceeding the working stresses permitted for the premises;
(d) Whenever any portion of a building or premises has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of any similar new building or premises;
(e) Whenever a building or premises, or any portion thereof, because of:
1. Dilapidation, deterioration or decay;
2. Faulty construction;
3. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building or premises;
4. The deterioration, decay or inadequacy of its foundation; or
5. Any other cause, is likely to partially or completely collapse;
(f) Whenever, for any reason, a building or premises, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(g) Whenever the exterior walls or other vertical structural members of a building or premises list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base;
(h) Whenever, a building or premises, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its non-supporting members, enclosing or outside walls or coverings;
(i) Whenever a building or premises has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated as to become:
1. An attractive nuisance to children; or
2. Freely accessible to persons for the purpose of committing unlawful acts;
(j) Whenever any building or premises has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or premises as provided by this chapter, this code or the laws of the state;
(k) Whenever any building or premises which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 66% of the:
1. Strength;
2. Fire-resisting qualities or characteristics; or
3. Weather-resisting qualities or characteristics required by law in the case of any newly constructed building or premises of like area, height and occupancy in the same locution;
(l) Whenever any building or premises used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangements, inadequate light, air or sanitation facilities, or otherwise, or because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resisting construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined to be a fire hazard;
(m) Whenever for a period in excess of six months, any portion of a building or premises remain on a site after the demolition or destruction of the building or premises, or whenever any portion of a building or premises remain unconstructed or unfinished, or whenever any building or premises is abandoned for a period, so as to constitute a nuisance, attractive nuisance or hazard to the public.
(Ord. 2013-23A, passed 8-27-2013)
§ 156.05 RELIANCE UPON ADMINISTRATIVE OFFICERS OF THE COUNTY AND FIRE DISTRICT.
The department, or any of its officers, may (but is not required to) rely upon any officer of the Johnson County Board of Health, Johnson County, Indiana, in making a determination that a building or premises is unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease or is otherwise unsafe. The department, or any of its officers, may (but is not required to) rely upon the fire chief or officer of the Bargersville Community Fire Protection District in determining that a building or premises is a fire hazard or is otherwise unsafe.
(Ord. 2013-23A, passed 8-27-2013)
TABLE OF SPECIAL ORDINANCES
Table
I. SPECIAL ASSESSMENTS
II. ANNEXATIONS
TABLE I: SPECIAL ASSESSMENTS
Ord. No.
Date Passed
Description
2007-15
7-10-2007
Establishment of rates and charges for users of the town’s sewage works located in the Tremont Subdivision.
TABLE II: ANNEXATIONS
Ord. No.
Date Passed
Description
Ord. No.
Date Passed
Description
2010-14
9-14-2010
Annexing certain territory to the town, described as a part of the Southeast Quarter of Section 2, Township 12 North, Range 3 East of the Second Principal Meridian, in Johnson County.
2010-19
11-16-2010
Annexing certain territory to the town, described as the western SR 135 Annexation, generally south of Stones Crossing Road and along the west side of SR 135, in the Southeast area of White River Township.
2010-20
11-16-2010
Annexing certain territory to the town, described as the southern SR 135 Annexation which is south of Whiteland Road and along both the east and west sides of SR 135, and also continues south of Whiteland Road on the east and west side of SR 135 in the Southeast area of White River Township.
2011-01
4-12-2011
Annexing certain territory to the town, described as the northern right of way line of CR600N and the eastern right of way line of CR 600W, then running north along the eastern edge of CR 600W for approximately 854 feet to the northern property line of the Bargersville Fire District property.
2013-12
2-12-2013
Annexing of two parcels of land that are contiguous to the town containing approximately 1.774 acres.
2024-01
1-9-2024
Annexing approximately 12.48 acres that are 1/8 contiguous to the existing corporate boundaries of the town
2024-19
11-12-2024
Annexing certain territory known as SR 144 East of the SR 135 intersection to the town